My child slipped off the school bus stairs and was injured. It was a rainy day and she slipped due to the water on the steps. After she fell she could not get up. She said after she fell she noticed there was a puddle of water on the stair.
The bus driver called the ambulance and took her to the hospital and she had a sprained ankle. Can I sue the school or bus company for the dangerous condition that injured my daughter?
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.
The question is… sue for what?
The basis of any lawsuit is damages. Damages are determined primarily on medical bills, out of pocket expenses, and in some cases, lost wages. For very serious injuries damages may also include an amount for pain and suffering.
The good news is your child is apparently going to be alright. As long as you are sure the only injury she suffered was a sprained ankle, there is little you can do.
Another consideration is the water itself. It was raining. When it rains things get wet, especially school bus stairs. Unless you thought it was the duty of the bus driver to get up from her seat each time she stopped at a bus stop to take a rag or some paper towels to dry the stairs off?
It would seem doing so would not only be an unreasonable request, but could also place the children riding in the bus in jeopardy. A bus driver is not supposed to abandon the controls of the bus while idling at a bus stop.
The only way the bus driver might have been able to dry the stairs each time she stopped would be to either turn the ignition off, thereby causing dangerous traffic congestion, or to leave the bus running, which in itself could have also resulted in dangerous traffic congestion.
If, while bending down to dry the stairs at each bus stop the driver were to slip herself and fall out of the bus, the bus would have been left running, with the children inside and the bus driver out. And if the bus somehow slipped into gear and drove off without a bus driver behind the wheel, the results could be catastrophic!
Your questions seem to support the endemic problem of this litigious society we live in where everyone wants to sue everyone else, even when there is no real reason to do so. Thank God your child is alright. That’s the most important thing.
Learn more here: Claims for School Injuries & Accidents
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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