Legal Question in Personal Injury in California
injury at school
MY son was injured at school playing recess resulting in a broken thumb. I was told the school had no insurance, so I used my own insurance. I feel that the school is liable in this matter, and want the school to pay the difference in the medical bills. The school is not willing to pay. I am now taking the school to small claims court. Isn't the school liable
for any injuries that happen on school property
during school time? Aren't schools suppose to carry insurance for claims like these?
2 Answers from Attorneys
Re: injury at school
The school will not be liable if the accident was not the school's fault. (Even if it was the school's fault, that does not necessarily mean the school will be liable.) If all you can show is that the injury occurred on school grounds, you will probably lose.
Children suffer minor injuries like this fairly often through no fault of anyone else's. Making the school pay just because he happened to be at school wouldn't be fair. If the school contributed to the injury (for example, by allowing a dangerous condition on its property), then your case will be better.
This is why you have insurance. In fact, since your insurance evidently paid, I'm not sure how you think you have been damaged. Is this just a dispute over the deductible?
Re: injury at school
Most schools are permissably uninsured for this type of incident. I do agree with Mr. Hoffman as to the issue of liability, the fact that your child was injured on school grounds will not make them liable for the injury.
The only way you can show the school to be liable is to show that the children were being supervied and the person supervising allowed the child to be injured (very difficult to show).
Good Luck
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