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My daughter was injured at school before the bell ring for them to go home, she fractured her left colar bone.
Anonymous2 views3 answers
She told me that their teacher gave them extra time to play in the playground while waiting for the bell, she was hanging on the monkey bar when another kid shoved her that made her fell hard on the ground. She didn't see the running kid because she was hurting and no grown ups around and suddenly the bell rung. So she decided to just go straight to me where I was waiting for her. She was crying to me and thought it might be just sprain. But her arm was drooping down and she was holding it. So, on our way to the doctor I reported it to her school that my daughter was injured. The next day i told them that her colar bone was fractured and seems to me that they are not taking it serously..hello! my daughter are crying in pain every time she lightly move her arm. What action should I do?
The previous attorney Adam is quite right about your need to see an attorney right away. I do have some questions though. How old is your daughter and how old is the other child who pushed her? In California, children under seven years of age are not negligent as a matter of law. This means that someone else should of course be supervising them. Important questions are: How was your daughter not accounted for when she did not return to class when the bell rung? Where was the school's person who was responsible to supervise the children on the playground when the incident occurred? Can anyone identify the child who pushed her?Has this other child been pushing children or hurting them before this incident? You may have a claim against the parents of the other child, and one against the school. If the school is a public school, you absolutely must file a claim against the school district within six months of the incident or your claim may be forever barred. I get the feeling from your posting that your claim would have little likelihood of success, but as more facts are brought forward, perhaps it can be proven that the school inadequately supervised this group of children. Good luck and I hope that your daughter's clavicle heals up very fast, Claude
Children are responsible for their torts. If you know which child caused her to fall, and it can be proven that the child was negligent, you can try to hold the child at fault. The child's parents can also be held at fault up to a certain amount.
If the school was negligent in the supervision, they can also be held liable. If the playground equipment was defectively manufactured or designed, the maker or others may be liable.
Please keep in mind that these are theories of recovery only, which may or may not apply to your case.
My advice is to see a lawyer and get advice immediately. If the school is at all liable, you will have to file a claim within 6 months, and then suit within a certain period after that. DO NOT DELAY.
Adam Sorrells
Chico, CA
Disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only. Time is of the essence. Seek legal advice immediately.
A school has a duty to reasonably supervise the kids activities. This sounded like a sudden act between two kids playing on the monkey bars. This would have been difficult at best to predict. Therefore, there is probably no liability on the part of the school. If other factors exist that show the child involved had prior incidents of pushing and shoving, or that there were frequent problems like this on the monkey bars, that could indicate some fault on the part of the school. Each case is fact intensive and ultimately depends on whether the school acted reasonably under the known facts, and whether good supervision could have prevented the injury.
