Should I sue my childs school for personal injury because he was burnt? - Accident Law Questions and Answers- LawQA.com

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Should I sue my childs school for personal injury because he was burnt?

Should I sue my child’s school? He had access to hot water and after he poured the hot water on his noodles the overflow burnt his hands. Why does any child have unsupervised access to hot water? His hand got burnt. Do I have a case?

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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It depends on how old your child is. If your child is old enough to understand the risk involved, then your child will have some comparative fault. It also depends on how bad the burn was. If he required medical treatment worth $10,000, then even if the school is only 10% at fault, that's still $1,000 they should be responsible for. If you have further questions please feel free to contact my office.

Answer Applies to: Missouri
Replied: 6/2/2011

Paul Whitfield and Associates P.A.
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Can you protect a child against everything? Do you expect the school to put an envelope around him? I really don't know about claiming. You did not say how serious the burns were, what your bills are or what the drs say about all this. Want to give me more info about damage please. A minor 1st degree burn, nothing further , would not be worth pursuing, serious third degree b urns, scarring, etc might make a difference . also to know whether other kids have had problems before so that the school might be on notice that the water was too hot.

Answer Applies to: North Carolina
Replied: 5/26/2011

Law Office of Travis Prestwich, PC
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There are many factors to consider, e.g. the age of your child, the number of students, the particular conditions of the day, the severity of his injuries, etc. Without knowing more details it would be difficult, if not impossible, to tell you where you had a case. I suggest speaking to a lawyer as soon as possible.

Answer Applies to: Oregon
Replied: 5/25/2011

Theodore W. Robinson, P.C.
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Consult with a personal injury lawyer to see if they will take the case. It sounds like there is liability, but it will depend upon the level of injury and whether there was medical treatment and/or scarring that will decide. Let an attorney see the injury right away and give you some feedback. Good luck.

Answer Applies to: New York
Replied: 5/25/2011

Michael Anthony Wing, P.C.
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Depending on the circumstances, the individuals who were supposed to be monitoring may be entitled to qualified immunity. Ultimately, the extent and duration is what the jury is to consider by way of deciding the amount of damages. You have time to see what happens, thought. A child's statute of limitations is tolled during the child's minority. Stay well.

Answer Applies to: Alabama
Replied: 5/24/2011

Gerald C. Barton
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It is quite possible that you do have a valid case, however, additional facts are needed in order to verify the claim. Specifically, a school acts "in loco parentis", in the place of parents, while the child is in the school's custody. During that period of time the school's staff and administration must act the way a reasonable parent would in supervising the student. There are numerous factors that a jury and judge can weigh in determining whether the school met this standard in making hot water available to the student. I would be happy to discuss these factors with you so that a determination could be made if the school breaches its duty to act in a reasonable fashion.

Answer Applies to: New York
Replied: 5/24/2011

Answer By David Hoines
David Hoines Law
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Maybe how old? how bad is the burn? Medical expenses?

Answer Applies to: Florida
Replied: 5/24/2011

McEldrew Law
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The simple answer to your question is it depends. How old is your son ? What type of school does he attend? If it is a public school there are immunity issues that need to be considered .Lack of supervision is not a viable cause of action against a school district in Pa. Of course as it all case the devil is in the details and you should discuss this with a Knowledgeable attorney.

Answer Applies to: Pennsylvania
Replied: 5/24/2011

Answer By Barry Rabovsky
Barry Rabovsky & Associates
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You may have a case, based upon the information that you have supplied.

Answer Applies to: Illinois
Replied: 5/24/2011

Answer By Patrick M Lamar
Patrick M Lamar Attorney
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In all likelihood the teachers and school system are immune from tort suit unless they were a private school.

Answer Applies to: Alabama
Replied: 5/24/2011

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