Visitor Question

Child Fractures 2 Teeth in Gym Class…

Submitted By: Christi (Marshfield, WI)

My child was pushed into a wall at school during a gym class activity. I had to take him to the dentist because of fractures to his 2 front teeth.

Who is at fault for his injuries, the other student or the school? What should I do to get compensation for the dentist bills?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Christi,

The school is normally liable for a student’s injuries. The school has a duty to protect its students from unreasonable harm. If your son was purposely pushed into the wall by a fellow student the school may be liable for his injuries and the dental bills which resulted from them.

If your son was playing, exercising, or following normal instruction, and during the exercise he was inadvertently injured, and not purposely pushed into the wall, then the school will probably not be liable.

Especially in gymnasiums during physical exercise and games, students do sometimes get injured. The difference between a normal and reasonable injury, and one that was not, and was possibly inflicted upon your son out of anger or abuse is not reasonable, and such action would probably make the school liable.

If you are concerned with whether or not the injury was purposeful contact he school administrator and ask that an investigation be commenced. If you trust the school administration you will be able to quickly learn why the injury occured, who caused it, and what the school plans to do about it.

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

Best of luck,

Published: September 8, 2011

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