Child Broke an Arm While On the Playground at School...

by John
(North Fort Myers, Florida)

My daughter broke an arm at school. She tripped over a child who was running in front of her on the playground. I asked the school if they are liable for her breaking her arm. The school said they are not responsible for the injury even though the incident happened while she was still in school.

Now I have to pay $1,000 dollars out of pocket just to get her a cast. Is the school right in saying they are not liable for her injury? Is there any other way I can get help paying for her medical bills? Thank you.

Visitor Question:
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ANSWER for "Child Broke an Arm While On the Playground at School...":

John (North Fort Myers, Florida):

Unfortunately there isn't a "yes" or "no" answer to the claim. There aren't laws you can refer to which deal with specific acts of children in school and schools' liability for their actions. Rather, the manner in which liability will be determined will be either through an agreed settlement or a lawsuit.

The school has already indicated their refusal to accept liability for the actions of another child, or their failure to properly supervise. As a result your only options will be to either consult an attorney or file a lawsuit against the school by yourself.

You can visit with several personal injury attorneys. Before you visit with them do some some research to find one who has experience in School Law. Although many personal injury attorneys could ably represent your son, one with school law litigation experience will most probably provide more capable representation.

Most personal injury attorneys do not charge for an initial office consultation. Interview several until you find one who you are comfortable with. Once you do you will be on your way to pursuing a successful lawsuit against the school.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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