Compensation for lost wages due to injury during graduation practice...

by Anonymous

My daughter was practicing a walk-thru for her high school graduation when the risers the students were walking across collapsed on her big toe. It took her toenail off right there. She went to the school nurse who bandaged it. I took her to a walk in clinic where they spent 2 hours trying to stop the blooding and took x-rays.

The bone was not fractured but chipped. She experienced severe pain when they tried to stop the bleeding by attempting to use several different methods. The third attempt with silver nitrate seemed to do the trick. She needed to keep her foot elevated because if she didn't it would start to bleed again. She attended graduation.

This happened on a Friday and the following Monday she was called to start work in a berry processing plant. She cannot work at this time because she cannot get a proper closed toe shoe on her foot. She also cannot stand for the required 7+ hours required for the job. Not sure when she will be able to go to work.

Is it possible to have the school pay for loss of wages since this was money to be earned to pay for college? Does she have any other options to recover compensation for her injury? Thank you.

Visitor Question:
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ANSWER for "Compensation for lost wages due to injury during graduation practice...":

Anonymous (Washington):

You raise an interesting point...

Did the school display negligence, and was that negligence the direct and proximate cause of your daughter's injuries?

If so, then your daughter may be entitled to compensation for damages, including medical and physical therapy bills, out of pocket costs, lost wages, and pain and suffering (sometimes referred to as emotional distress or mental anguish).

To determine whether the school was negligent will require a review of the events leading to your daughter's injury.

If the risers were maintained and inspected in a timely and in reasonable manner, and the failure of the riser was not a result of the school's failure to inspect and maintain the risers, then the school district would likely not be liable for your daughter's injuries and resulting damages.

Reasonable inspection showing no evidence of need of repair or replacement of the riser in question, would likely show the school was not negligent. Instead, the injury would have been the result of an aberration.

In the alternative, if the risers had not been properly inspected and maintained, and the school knew or should have known the riser might collapse, resulting in injuries, and despite that knowledge failed to repair the riser, that failure would be tantamount to negligence.

As a result of that negligence, your daughter would have a viable personal injury claim against the school district.

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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