Legal Question in Insurance Law in Indiana

School Injury Liability

My 12-year-old daughter was injured while away at band camp last July. She was horsing around in line and another student accidentally pushed a door open on her foot, tearing her toe nail off. This thing does not seem to be healing. We have made repeated trips to the podiatrist, and the out-of-pocket costs are approaching $500 on this case. Is the school, or the other student liable for this injury? Is there a filing time limit?


Asked on 4/15/02, 8:25 am

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: School Injury Liability

You have a 2 year statute of limitations in Indiana. Your daughter I take it is under 18. The statute does not start to run until she turns 18. The other student is liable. The school might be liable. Unfortunately, the tort claims act for public entities requires a formal written notice be served on the proper government authorites within 100 days of the accident. If this happened last summer that has been blown. As for the camp itself, they are charged with supervising the kids and insuring their safety. They may bear some responsibility.

I would recommend going to a real doctor and not a podiatrist. Podiatrists are fine for corns etc... Your child has a serious medical condition that may involve an immunity problem or something affecting her ability to regenerate the nail. Get a referral from your GP or the child's pediatrician.

If you have any questions let me know.

Best regards,

Dr. Michael Cortson, JD, PhD, DD, Russian JD, JD Theologian, recipient of Academician Award Russian Academy of Sciences

attorney at law

574-340-3890

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Answered on 4/15/02, 8:36 am


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