Legal Question in Personal Injury in Maryland

Injury at Private School

My daughter (8yrs old) broke her leg at recess when she and others jumped off the play equipment. She attends a private school and I wanted to know what the liability of the school would be. They have a non-liability policy where they are not liable if a child gets hurt before of after school hours. Are they liable for the injury she suffered while in their care?


Asked on 8/01/07, 1:32 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Injury at Private School

They might be liable if they had a duty to supervise the children during recess, especially if they were aware from past experience of the proclivities of the children to engage in this sort of activity. On the other hand they are not guarantors of the children's safety, so they are not automatically liable just because your daughter was injured. If there was something inherently dangerous about the particular piece of equipment that caused your daughter's injury, their duty to monitor its use would be greater.

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Answered on 8/01/07, 2:51 pm


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