Legal Question in Personal Injury in New York
Daughter falls in school
My ten year old daughter fell down the stairs on school property while taking something to the office for the teacher. The school called to inform me and gave her an ice pack for the ankle. When I arrived I immediately noticed her ankle was very swollen and took her to the ER. The X-rays showed per the doctor she; broke her ankle, fractured her chin bone and cracked the growth plate. She had other bruises on her hands/arms. She was placed in a hard cast and crutches for six weeks. I called the school to let them know she would be back in a few days on crutches and they said no. They stated they did not want to be held liable because of the crutches and could not return to school. Once the cast was removed she was restricted from gym, dance, and sports. She plays basketball and dance and could no longer do that. She was uncomfortable and in pain, depressed, sad and missed her school and friends. She in psychical therapy now and still has problems with the ankle.
5 Answers from Attorneys
Re: Daughter falls in school
The issue is "what casued her to fall". Without this, an answer is meaningless.
Call or write me to discuss.
Good Luck
RRG
Re: Daughter falls in school
I am sorry to hear about your daughter's accident. She may have a claim against the school BUT it depends on what caused her to fall. Was there a defect on the stairs? Did she trip on her own feet? Was there paper or liquid on the stairs? What caused her to fall determines whether you would be sucessful with a claim against the school. I handle these type of cases and work on a contingency basis. If you would like to discuss your daughter's case, please feel free to call me at 212-622-7180. You should consult with an attorney asap because there may be certain time constraints that you must comply with.
Re: Daughter falls in school
She may have a negligence case depending upon what caused the fall. Please call me to discuss.
Daniel Clement
Re: Daughter falls in school
If there was improper supervision, and a defect which was noticed or should have been noticed by the school prior to the accident, the school may be liable to your daughter for her injuries already regardless of whether she goes back to the school on crutches or not. Incidentally, if they disallow from going back to school, and as a rsult her grades suffer, or she loses out on extra curricular activities or has to repeat the school year, they may be increasing their exposure to damages, so either way their handling of the situation is not very wise to date.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Daughter falls in school
The first posting lawyer said what I was thinking of, what caused her to fall. Even if your daughter cannot be found negligent based upon her age (10 is at the border of waht is considered non suis juris), there still has to be liability on the school. Unless the item she was carrying prevented her from holding on, obstructed her view, or caused her to fall, there will need to be something wrong with the steps, the railing, or a foreign substance on the steps to prove liability.
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