My son had his wrist broken during gym at school...

by Kristina
(Bozeman, MT, Gallatin)

An older boy chased and pushed my son into a wall during gym class. My son put his arms up to protect himself and broke his wrist. The older boy says my son tripped but my son says he was pushed. The school even has a video of the older boy chasing my son.

Is the older boys family responsible for any of the medical bills?

Visitor Question:
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ANSWER for "My son had his wrist broken during gym at school...":

Kristina (Bozeman, MT, Gallatin):

Yes. The State of Montana, like most other states recognizes the parent-child responsibility. This means parents can be held to be responsible for the actions of their children, especially when those actions result in harm to another, and subsequent and related injuries.

The school also has some liability for the injuries and related medical bills your son sustained.

Contact the boy’s parents. Often homeowners insurance policies cover such events. Whether they do or not should not dissuade you from pursuing the parents of the at-fault boy for the medical bills and attendant out of pocket expenses such as prescribed medications, over the counter items like arm slings, and even the amount of money you paid for parking fees at the doctor’s office or gasoline you used to drive your son back and forth to his treatment. You should also include any amounts of wages you may have lost when taking your son to treatment or caring for him at home.

Also contact the school administration. They should respond to you and decide whether or not they are going to agree to accept some of the liability and therefore be responsible for some of the compensation for your son’s injuries.

In addition to your son’s medical bills, your out of pocket expenses, and lost wages, you should also demand an additional amount for your son’s pain and suffering.

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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