Legal Question in Personal Injury in California
Student Injury
Son was injured at school woodshop. He and another student were sent into woodshop (they are in autoshop)to tidy up. Other students were leaving the room (last class ended over one hour ago)There was no supervision in the room. The students who left the room were using the equipment and left a machine ''coasting'' No noise emits from a machine in this position. According to the manufacturer, this machine can ''coast'' for 15 to 20 minutes. The other student said they were in the room about two minutes when my son rested his hand on the table of the machine that was coasting (wasn't aware it was moving)it caught his right index finger and tore thru bone, tendons & sanded the bone. Is this negligence and is the school responsible for medical bills?(I am not insured). The machine has no emergency stop device or dead man switch - aren't they required to follow OSHA regulations? When the school called me to tell me of the injury and that he needed stitches, I asked them to have him lie down in the office, instead I found my son laying on the sidewalk in front of the school with his had elevated and in paper towels! Is this misconduct?
4 Answers from Attorneys
Re: Student Injury
This appears to be a good case both against the machine and possibly against the machine manufacturer and possibly others. Select an attorney experienced in personal injury practice and get the ball rolling. Lawsuits against government agencies have a very short time fuse.
Re: Student Injury
Yes. May be case against company that manufactured machine and school. Call to discuss. Don Holben 800-685-6950
Re: Student Injury
As far as the merits, it seems that your son has a legitimate case against the school district and possibly against the manufacturer. Pursuant to Government Code Section 911.2 you must file a claim on your son's behalf with the appropriate governmental entity within six months.
I did not quiet understand the extent of your son's injuries. Nonetheless, suing the manufacterer could be expensive and proposition. Most schools have adequate financial resources to cover these types of losses, so I would just stick to one defendant. Your son should not have a problem in finding a lawyer, which I strongly recommend. Please contact one of the fine attorneys on this bulletin who responded to your inquiry or contact me for a free evaluation of his case.
Re: Student Injury
I see some negligence. If you mean business. Contact me. www.christopherbrainard.com
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