Visitor Question

Student Cut in Locker Room…

Submitted By: Miles (Fort Dodge, IA)

My son was in the locker room at the high school when he jumped up to retrieve his swimsuit from the top of the shower “tower”. The top had been removed a long time ago for repairs and he sliced open his hand and fingers on the exposed stainless steel.

He required surgery to repair the tendon in his middle finger along with stitches in the rest of his fingers and hand. He may never be able to play guitar again and I am concerned about his future career as a chiropractor. Is the school liable? Thanks.

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 Miles,

The school appears to be liable.

From the facts you present your son wasn’t contributorily negligent in any manner.

Contact the school administration. Tell them you want to file a claim on your son’s behalf.

At this point you may not need an attorney. As long as the school remains cooperative you may be able to settle the case by yourself.

If the school balks you may then have to seek the advice and counsel of a personal injury attorney.

The problem with these types of cases is getting the at-fault party to offer a fair settlement.

If the school agrees to cooperate they may only offer to pay your son’s medical bills. That’s probably not going to be enough, especially if your son’s chiropractic career is in jeopardy. It will be entirely up to you whether you want to pursue the claim yourself.

If you do you may have to be prepared for a long-term affair.

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: December 14, 2011

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