Eye injury in PE class...

by Liz
(Atlanta, GA)

My daughter was sitting in PE class, when a boy was throwing a football to another child and hit my daughter in the eye. We don't know who did this, because after my daughter was hit, she literally could not see and the school will not reveal the child's name.

As a result of the hit, my daughter had a detached retina and had emergency surgery the next morning. We paid all medical bills, prescriptions, etc. To this day, the school never acknowledged my daughter's injuries nor did we receive an incident report.

We are really concerned about residuals for this injury, because my child now has to wear a buckler around her eye for the rest of her life. Who is liable for this incident? What do we do about securing proper compensation for her? Thank you.

Visitor Question:
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ANSWER for "Eye injury in PE class...":

Liz (Atlanta, GA):

There is no need to tell you that your daughter's injuries are very serious. Moreover, you have a very reasonable right to have the person or persons responsible for your daughter’s injuries held responsible, and to pay not only her medical bills, but additional damages as well.

In most cases, parents are legally responsible for the acts and omissions of their children when those acts or omissions result in property damage or personal injury to third parties.

Also, the school and school district had a legal duty of care to do everything reasonably possible to protect your daughter as well as other students from dangerous conditions. It appears the school may have breached that duty by not having the boys adequately supervised. If the boys had been adequately supervised by a teacher, the injury would not have occurred.

This is the type of case which should only be handled by an experienced personal injury attorney; preferably one with experience in school law. Gather copies of your daughter's medical records and make several appointments with personal injury attorneys in your area.

Fortunately, most injury attorneys do not charge for initial office consultations. Moreover, once an attorney accepts the case, he or she will have the right to subpoena the school records to determine which boys were involved in the incident, and their parents' names and contact information.

You will not have to pay any attorney fees until, and unless your attorney succeeds in settling the claim or winning it at trial.

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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