Visitor Question

Daughter had her teeth damaged at school…

Submitted By: Donna (Drexel Hill, PA )

My daughter was at school standing at her locker when two boys starting fist fighting behind her. They pushed into her and she went face first into the locker. I had to take her to the dentist due to tooth damage. She has a fractured front tooth and 2 canine teeth are loose. She was crying and very upset due to the pain.

The dentist says this is something that she will have to deal with the rest of her life. She will need bonding then capping and hopefully the canine teeth will tighten up. If so she might need braces because they could tighten up crooked. She is 12 years old.

The dentist told me I should report it to the parents’ homeowners insurance and to the school insurance company. Where should I report it to? Can I get compensation for my daughter’s dentist bills and her pain and suffering?

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 Donna,

Reporting the injury to the parent’s homeowners insurance company will probably not yield any results.

Instead contact the school and report the incident. The school may agree to compensate you for your daughter’s injuries, or they may refuse.

From the facts you present we aren’t exactly sure whether the injuries took place at a high school, community college, or a university. If the incident occurred at her high school the boys involved in the altercation may be responsible for your daughter’s injuries.

The laws in the State of Pennsylvania make parents responsible for the actions of their children.

In your daughter’s case there exists the possibility the parents can be held liable, but realistically that will be a stretch.

The boys actions during the altercation were not intended to cause injuries to your daughter. Whether their actions can be considered reckless is questionable. The old expression, “boys will be boys” may apply here.

You can certainly consider legal action, but it may be difficult to find an attorney who will accept the case. The reason is “damages”.

That is, there must be enough personal injuries and medical or dental bills to make the case worthwhile to an attorney. An attorney, like other professionals, is a business man or woman.

They evaluate cases built on their merit and the possibility of monetary success.

Talk with the school once more. Explain how serious you are about this matter and ask them to commit to pay or reimburse you for your daughter’s dental bills, including but not limited to the probable future dental costs.

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 18, 2011

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