Visitor Question

Child hit with a brick at school…

Submitted By: Dawn (Norman, OK)

My daughter was hit with a brick while playing at recess at school. It opened up an artery and required an emergency room visit and 3 staples. There was a subsequent emergency room visit to remove the staples.

She was hit by another student on the playground. He picked up the brick and threw it. She was hit while holding onto a spinning piece of playground equipment with her feet in the air. She didn’t even know the boy who hit her. He was not aiming for her, just was angry and threw the brick in the air. Her t-shirt was completely covered in blood by the time I arrived at the school. It was a very traumatic experience.

Who is responsible for her medical 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 Dawn,

Quite clearly the school is responsible, and more so the parents of the child who threw the brick. The school has a legal duty to protect its students. Schools especially have a higher standard of care than do other institutions. Schools also carry appropriate insurance for events such as the one in which your daughter was involved.

Whether the attack was intentional or not matters little. In the State of Oklahoma, as in most other states, parents can be held responsible for the actions of their children.

Often homeowners insurance policies cover such events.

There are some cases which may not require the assistance of legal counsel. Your daughter’s case is one which really requires the advice and counsel of a qualified personal injury attorney.

Lawsuits are not always necessary for events such as this. Many times attorneys are able to make contact with the responsible parties and settle the case amicably out of court. Most personal injury attorneys do not charge for initial office consultations.

You and your daughter would be best served by speaking with one or more.

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: October 26, 2011

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