Should I sue my childs school for personal injury because he was burnt? 25 Answers as of July 12, 2013Should I sue my child’s school? He had access to hot water and after he poured the hot water on his noodles the overflow burnt his hands. Why does any child have unsupervised access to hot water? His hand got burnt. Do I have a case?
Lacy Fields, Attorney at Law, LLC | Lacy Fields
It depends on how old your child is. If your child is old enough to understand the risk involved, then your child will have some comparative fault. It also depends on how bad the burn was. If he required medical treatment worth $10,000, then even if the school is only 10% at fault, that's still $1,000 they should be responsible for. If you have further questions please feel free to contact my office.
Answer Applies to: Missouri
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Can you protect a child against everything? Do you expect the school to put an envelope around him? I really don't know about claiming. You did not say how serious the burns were, what your bills are or what the drs say about all this. Want to give me more info about damage please. A minor 1st degree burn, nothing further , would not be worth pursuing, serious third degree b urns, scarring, etc might make a difference . also to know whether other kids have had problems before so that the school might be on notice that the water was too hot.
Answer Applies to: North Carolina
Law Office of Travis Prestwich, PC | Travis Prestwich
There are many factors to consider, e.g. the age of your child, the number of students, the particular conditions of the day, the severity of his injuries, etc. Without knowing more details it would be difficult, if not impossible, to tell you where you had a case. I suggest speaking to a lawyer as soon as possible.
Answer Applies to: Oregon
Theodore W. Robinson, P.C. | Theodore W. Robinson
Consult with a personal injury lawyer to see if they will take the case. It sounds like there is liability, but it will depend upon the level of injury and whether there was medical treatment and/or scarring that will decide. Let an attorney see the injury right away and give you some feedback. Good luck.
Answer Applies to: New York
Michael Anthony Wing, P.C. | Michael Anthony Wing
Depending on the circumstances, the individuals who were supposed to be monitoring may be entitled to qualified immunity. Ultimately, the extent and duration is what the jury is to consider by way of deciding the amount of damages. You have time to see what happens, thought. A child's statute of limitations is tolled during the child's minority. Stay well.
Answer Applies to: Alabama
Gerald C. Barton | Gerald C. Barton
It is quite possible that you do have a valid case, however, additional facts are needed in order to verify the claim. Specifically, a school acts "in loco parentis", in the place of parents, while the child is in the school's custody. During that period of time the school's staff and administration must act the way a reasonable parent would in supervising the student. There are numerous factors that a jury and judge can weigh in determining whether the school met this standard in making hot water available to the student. I would be happy to discuss these factors with you so that a determination could be made if the school breaches its duty to act in a reasonable fashion.
Answer Applies to: New York
McEldrew Law | James J McEldrew III
The simple answer to your question is it depends. How old is your son ? What type of school does he attend? If it is a public school there are immunity issues that need to be considered .Lack of supervision is not a viable cause of action against a school district in Pa. Of course as it all case the devil is in the details and you should discuss this with a Knowledgeable attorney.
Answer Applies to: Pennsylvania
Raheen Law Group, P.C. | Wali Raheen
Sorry to hear about your son's injury. More facts are needed in order to determine if you have a good case. For example, age of your son, extent of the injury, the location of the hot water, is there generally a supervisor in that area, etc. I urge you to speak with an attorney to discuss this situation.
Answer Applies to: Virginia
Goolsby Law Office | Richard Goolsby
It is difficult to answer your question without knowing more of the facts. For instance, it is unclear as to whether or not the burn was so severe as to require surgery, or a hospital stay. I would recommend that you talk with a personal injury attorney in your community and discuss all the facts and your rights and options. Good luck!
Answer Applies to: Georgia
Kelaher Law Offices, P.A. | James P Kelaher
People too frequently think of suing. I would contact the school and find out if they have liability insurance and see if the liability insurer is willing to make a reasonable offer to you before you consider filing suit. I agree, that if there was water that was to be used on noodles that was so hot it was scalding, your child should have had supervision/assistance.
Answer Applies to: Florida
Law Office of Mark J. Leonardo | Mark Leonardo
You technically have a case, but the real question is whether the damages are severe or not. We have all burned ourselves with hot water at one time or another. Was the school negligent in allowing access to hot water? Maybe not. If it was scalding water, then perhaps so. Was it a first degree burn that stopped hurting after a few hours or a day or so? or was it a second degree burn? If you decide to file a claim, if the school is a public school, you first have to file a tort claim with the school within six months of the incident. This may be extended since your child is a minor, but I am not positive. You can obtain the tort claim papers from the school district. If it is a private school, the tort claim is not a prerequisite. If the damages were nominal, you can sue in small claims court, but you still may need to file a tort claim. An attorney can ascertain and explain the process to you.
Answer Applies to: California
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Depending on the age of the child and what the school knew about the potential hazard (e.g., if they knew the water was very hot and allowed unsupervised access anyway), it is possible you could establish that the school was negligent. You may be able to recover associated medical expenses and if the burns were substantial, you may also be able to recover non-economic damages such as pain and suffering. Of course not all potential hazards can be eliminated, and hot water is one of those things that may be reasonable to have around in some circumstances, but unreasonable in others. Determining whether the case is sufficiently strong to warrant a lawsuit would require a lot more information. Most personal injury lawyers offer a free initial consultation and would be able to give you a more concrete answer after obtaining more information from you.
Answer Applies to: Florida