Visitor Question

Fall on Ice Causes Brain Trauma…

Submitted By: James (USA)

My wife fell on ice in a school parking lot dropping of my son. After a year she still suffers from brain trauma. The school claims tort immunity, however I’ve been told the place she fell was and still is a know defect in the parking lot. Water will not drain from the area and always turns to ice.

Is the school immune to any liability for my wife’s injury even with a know defect in grounds? Thank you.

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 James,

Regrettably, without knowing in which state your wife was injured we are unable to quote any applicable law. In addition we really would need to know what type of school you are referring to. If the school was a private one, tort immunity will not protect the school from a credible legal claim.

If the school was a “not for profit” school, then liability would be based on the benefactors of the school, and whether they are insured for personal injury claims.

Finally, if the school was a state run school there is a chance the school might be protected by the applicable tort claims act. Even if it were to be protected your wife still can pursue a viable claim against them.

To do so she will have to follow all the local state and county rules for filing a tort claim. Most tort claim entities are not wholly immune from legal claims.

Your wife needs to inquire about the process of the tort claim filing procedure. Once she does that you will both know which avenue you will need to pursue.

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: January 14, 2012

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