Visitor Question

My 7 year old son was attacked by a wild animal during outdoor gym class…

Submitted By: Craig (East Windsor, CT)

My 7 year old son was attacked by a rabid fox while outside for gym class at school.

I have no insurance and I’m facing mounting medical bills for his treatment.

Can I get the school system to pay for the bills? Is there anything else I can do to get his treatment covered? 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 Craig,

Craig (East Windsor, CT)

From the facts you present, the school should be entirely liable for your son’s injuries and resulting “damages.” In the case of a minor, damages can include your son’s medical treatment and medical bills, your out-of-pocket expenses (for his medications, costs of transportation, including the gasoline you use, medical facility parking lot fees, and other expenses directly related to your son’s treatment and full recovery).

The school had a legal duty of care to protect your son from foreseeable injuries. If the school knew, or should have known foxes had been coming onto the school’s property, the school should have better supervised the area, or they should not have permitted students to be in the general area where the foxes were known to be.

As direct result of the school’s actions and omissions, the school breached its duty of care. The breach entitles your son to compensation.

If your son’s injuries were serious, including serious bites, torn ligaments, muscle, or tendons, scarring from the bite, and like injuries, you and your son would be best served by seeking the advice and counsel of an experienced personal injury attorney.

In your son’s case, his damages may also include compensation for

the emotional distress and mental anguish he suffered as a result of the traumatic event. Unless you were present at the time your son was bitten, and as a direct result were traumatized by the event, you yourself will not be entitled to compensation.

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: September 24, 2014

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