Is the school liable for the injury to my daughter? 18 Answers as of January 31, 2011

My daughter suffered head injury playing volleyball for high school team. I was told by the athletic director to take her to the hospital and school insurance would cover it. The school only covered >1/3 of hospital bill. Are they liable to pay rest of bill?

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Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
If it is a public school you could not force them to pay the bills. They are immune from suit under Alabama law.
Answer Applies to: Alabama
Replied: 1/31/2011
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
Probably not. But it depends on the insurance contract that the school has, so you need to contact the insurance company to determine the coverage provided. In addition,the school may have addition insurance coverage that may be used to help pay the difference. The medical providers may be required to reduce their fees, if they have a contract with the insurance company. I assume you have no health insurance, since if you do, you should refer to your insurance to pay the balance. You should also discuss these matters with an attorney who handles insurance law.
Answer Applies to: Delaware
Replied: 1/31/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Generally you have to prove negligence. You did not mention any negligence on anyones part. School insurance covers whatever it covers. You need to make sure what the coverage is. Sometimes the hospital will accept the insurance coverage and forget the balance of the bill. You did not tell me much about facts. Call me if you would like to discuss.
Answer Applies to: North Carolina
Replied: 1/31/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
In general schools enjoy sovereign immunity. There are instances where they carry insurance that covers such an incident. You need to find out why they wouldn't pay all. It would require more facts to answer your question. You should call a local attorney to help you with this matter.
Answer Applies to: Virginia
Replied: 1/31/2011
Wilson & Hajek,LLC, a personal injury law firm
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
Hi, Unfortunately, in your personal injury question, you do not provide enough facts for me to give you an answer. Depending on the jurisdiction (place where the accident happened), the school likely has some immunity from lawsuits unless it has liability insurance. I would suggest discussing the insurance coverage question further with the school.
Answer Applies to: Virginia
Replied: 1/30/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    As I understand the insurance carried by most schools, the school should cover the cost of treatment unless you signed an agreement when she started playing limiting the medical coverage to 1/3. Many schools to save money will have their athletes be covered by a 1/3 or 1/2 thus lowering their insurance costs.
    Answer Applies to: Pennsylvania
    Replied: 1/29/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Only if the school was negligent in supervision, etc. You can always claim that you relied to your detriment on their assertion that if you took her to the hospital, they would pay the bill, but we all know you would have taken her to the hospital regardless.
    Answer Applies to: Florida
    Replied: 1/29/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It would depend on how the accident/injury occurred. The school is not responsible for all injuries that occur on its premises, or during its athletic events. The school is only responsible if the school was somehow negligent and the negligence contributed to the accident. By way of example, I once sued a school where softball batting stations were set up inside a Gymn for the Softball team to practice batting. This was done in the Gymn due to inclement weather. A player hit another player, who was at an adjacent station, in the head with her bat on the follow through from her swing. I alleged that the coach was negligent in setting up the batting stations too close together.
    Answer Applies to: South Carolina
    Replied: 1/29/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Depends on many factors.
    Answer Applies to: Florida
    Replied: 1/29/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    The lawsuit aspect of it is questionable. You likely have signed a waiver such that the school is not responsible for injuries to the kids. Still, if there were dangerous conditions that the school should have known about that caused the injury, you can likely sue anyway.

    If nothing else, the Athletic Director made a verbal contract with you. You could write a letter to the school demanding they pay on the basis of this. It's not a matter of negligence, but rather contract law. You could always pay an attorney a flat hourly rate to write a demand letter for you on their law firm letterhead. Good luck!
    Answer Applies to: Missouri
    Replied: 1/28/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You can call personal injury attorney and can look into.
    Answer Applies to: Florida
    Replied: 1/28/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    The school is usually not liable. You must be able to prove that they were willful and wanton in their conduct. In other words, the school was more than just careless or negligent. Without that proof you will have no case.
    Answer Applies to: Illinois
    Replied: 1/28/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 1/28/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    My understanding is that the school, assuming it is a public school, it not liable for a sports injury, particularly one that is inherent in the sport itself. One of the exceptions would be if a school employee was grossly negligent in some manner that caused the injury.
    Answer Applies to: California
    Replied: 1/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Sorry to hear about your daughter. Without knowing more about the circumstances and why the school only paid 1/3 it is difficult to respond to your question. There are different theories of liability under tort law.If you wish to explain further please feel free to contact us. Good luck.
    Answer Applies to: Connecticut
    Replied: 1/28/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Probably not. Schools typically have a waiver that they require student athletes to sign indicating that the athlete assumes that there will be a risk of injury and the school is not responsible for those injuries. Unless you could prove that the school was in some way negligent, I do not expect that you could require the school to pay any more than it has.
    Answer Applies to: Oregon
    Replied: 1/28/2011
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