Can I sue if my child was injured at school? - Accident Law Questions and Answers- LawQA.com

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Can I sue if my child was injured at school?

My son fell and at school and cracked his permanent two front teeth. Can I sue them for neglect? I was not notified and they failed to follow appropriate protocol regarding the incident. He is a special needs kid with a disability and he is not able to walk and utilizes a walker. I feel his safety was compromised. The school specializes for kids with health impairments. I also work at his school in the lunchroom. My son told me that his mouth was hurting because he fell. His teacher assistant personally told me that he did fall face down but she could not get to him. He is supposed to be supervised at all times and requires assistance. She was not aware that his teeth were cracked. I was upset because she failed to report the incident and my son was in pain.

Michael Anthony Wing, P.C.
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You need to talk to a lawyer in your area with some specialty in the field of school cases. There are significant immunity issues to deal with. I am sorry about your child's injury. Contact your local Bar Association to ask for a referral to a lawyer with experience in that field. Stay well.

Answer Applies to: Alabama
Replied: 5/4/2011

David F. Stoddard
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I do not think a suit for failure to notify you or follow protocol after the accident has much merit because it probably did not add much if anything to your child's damages. You could sue the school for negligence if you can prove they were negligent. From your description, there may not be any negligence. I understand that someone is to be with your son at all times, but that may not mean they have to be so close as to avoid a fall.

Answer Applies to: South Carolina
Replied: 5/2/2011

Answer By Patrick M Lamar
Patrick M Lamar Attorney
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If the school was private, yes you can sue. If a public school, it is unlikely you can. Almost all schools are regarded as state entities and are immune.

Answer Applies to: Alabama
Replied: 5/2/2011

Paul Whitfield and Associates P.A.
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Surely you can make a claim (sue) . you will have to prove that he was neglected. You will need medical (or dental) testimony if you expect to prove your damages. Just being irritated because you were not notified is not really germane.

Answer Applies to: North Carolina
Replied: 5/2/2011

Answer By Eddie W. Wilson
Wilson & Hajek, LLC
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If the school has insurance you can bring a suit for the actual injuries. If no insurance a school is able to plead governmental immunity in most states.

Answer Applies to: Virginia
Replied: 5/2/2011

Ramunno & Ramunno, P.A.
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Most of your questions involve the lack of care, concern and communication by the school. But, it appears that those problems did not cause any additional injuries.

You need to determine how and why the accident occurred and what the school did wrong. You indicated that there was a lack of supervisor but did that cause the accident? Or in other words: if there was more supervision would that have prevented the accident? Also, how much supervision is the school obligated to give to each student? There may also be some issues of immunity from liability . Therefore, you should discuss with your son, the school, witnesses and a lawyer, as to what you can prove.

Answer Applies to: Delaware
Replied: 5/2/2011

Answer By Mark Leonardo
Law Office of Mark J. Leonardo
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It is difficult to answer this question as there is not much detail. Is this a private school or public school? Is the level of care contractually mandated? Is the protocol you refer to documented in writing as to what they should have done? If so, you may have a breach of contract claim and you may have a negligence claim as well. If the school is government operated, you would have to file a tort claim first within six (6) months of the incident.

Answer Applies to: California
Replied: 5/1/2011

William C. Gosnell, Attorney at Law
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Yes, hire a personal injury lawyer.

Answer Applies to: Tennessee
Replied: 5/1/2011

Theodore W. Robinson, P.C.
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You need to speak to an experienced negligence attorney to see if they will take your case for your son. The case is too fact intense to offer a full answer here. It will depend upon whether such an attorney will take your case or not.

Answer Applies to: New York
Replied: 5/1/2011

Answer By Barry Rabovsky
Barry Rabovsky & Associates
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.

Answer Applies to: Illinois
Replied: 5/1/2011

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