Can I sue the school if my child broke her foot? How? 14 Answers as of October 02, 2015

My daughter was injured while jumping hurdles in gym class at school. She went to the school nurse and they sent her back to class. I was never notified by the school that my child was injured, she came home and told me her foot hurt and I took her to the doctor. Her foot is broken and the school never notified me at all that she was even hurt. Can I sue them?

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Studinski Law, LLC
Studinski Law, LLC | Jason Studinski
You can try to recover financial damages from a school, but you'll need to be prepared. First and foremost, DOCUMENT EVERYTHING, and contact a lawyer who specializes in personal injury or government law. - Get complete medical treatment for your child's injuries and collect the medical bills and reports. - Your claim should include compensation for pain and suffering beyond the medical costs. - Unless your situation is unusual, be prepared to run into "governmental immunity" which prevents lawsuits against governmental entities. You'll need to prove your case has special circumstances before you can move forward with a negligence claim or criminal charges (for reckless or intentionally injury). Good luck and speedy healing to your daughter.
Answer Applies to: Wisconsin
Replied: 10/2/2015
S. Joseph Schramm | Joseph Schramm
In Pennsylvania a school and its employees are usually protected through sovereign immunity from injuries occurring to their students. This would include the incident you describe in your question.
Answer Applies to: Pennsylvania
Replied: 9/30/2015
Stephens Gourley & Bywater | David A. Stephens
That would be a yes.
Answer Applies to: Nevada
Replied: 9/30/2015
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Your daughter not you as a claim for the injury she suffered if the school was negligent in the way the accident was caused. Obviously their failure to notify you while not good did not cause the injury. Schools since they are part of the town do have immunity in some situations. You will have to seek local council for the specifics.
Answer Applies to: Connecticut
Replied: 9/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
There are a number of obstacles to suing any public entity, let alone a school. First and most important, you must comply strictly with the law governing filing and serving claims and notices of claim with the appropriate municipal officer. There are some time limits: generally you must file and serve your Claim and Notice of Claim within 120 days of the incident. More to the point right now, though, is what damages has your child suffered? The broken foot may or may not have been due to negligence by a school employee, but in a lawsuit you would have to prove negligence, and that the negligence was the direct or natural or proximate cause of the harm to your daughter. You would then have to show what your (or her) damages are, and there are half a dozen or more potential bases for damages. Your best bet is to consult a lawyer experienced in dealing with schools, school boards and other government agencies, and to do so quite soon.
Answer Applies to: Wisconsin
Replied: 9/29/2015
    Law Offices of George H. Shers | George H. Shers
    You would have to show that their not notifying you increased the amount of her injuries, but you do not say it did. They probably were not liable for the original injury and since they did not make it worse you have no basis for a suit.
    Answer Applies to: California
    Replied: 9/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Is extremely doubtful you would be a collect anything under the circumstances described.
    Answer Applies to: Michigan
    Replied: 9/29/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You would have to prove negligence, i.e., the failure to exercise reasonable care. If it is a city school, be aware of the 6-month claim filing requirement. Please talk to an injury lawyer ASAP.
    Answer Applies to: California
    Replied: 9/29/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    From handling a similar case, I can tell you that under Michigan law, you will not be successful. You can only sue a governmental agency for 1) defect of a public building, 2) defect of a roadway, 3) intentional acts, 4) civil rights violations, and 5) negligence that is sooooo bad that it is almost as if the person intended to hurt your child.
    Answer Applies to: Michigan
    Replied: 9/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You can sue, but I'm not sure what your damages would be. There's potential negligence in the cause of the accident and in the late notification, but it is all fact dependent. Consider consulting an experienced injury lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 9/29/2015
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    From the facts you set forth in your question, it appears you, on behalf of your daughter, may have a case against the school she attends for her suffering a broken foot while jumping hurdles in gym class and yet being sent back to class after visiting the school nurse all without you being notified.
    Answer Applies to: Utah
    Replied: 9/29/2015
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    From the information you provided, it appears that you can. You should speak with a local attorney, because, in California, there are strict deadlines and requirements that must be adhered to prior to filing the lawsuit.
    Answer Applies to: California
    Replied: 9/29/2015
    Gates' Law, PLLC | Thomas E. Gates
    While you can sue the school district, the case is very, very small. The reason for this is the damages to your daughter was discomfort for a few hours after the nurse looked at the foot. If there were no visible signs of injury then the nurse can likely not be faulted.
    Answer Applies to: Washington
    Replied: 9/29/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Yes, if you prove negligence of the staff or negligent supervision.
    Answer Applies to: California
    Replied: 9/29/2015
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