Legal Question in Personal Injury in Pennsylvania

Child injured in gym class

My daughter is in a high school coed gym class. A boy was horsing around in class, the teacher wasn't paying attention and he ran into my daughter knocking her into the bleachers and then on the floor. She suffered a concussion and a black eye and missed four days of school. She went to the doctor and then for xrays and CT scan because of constant vomiting. We currently have no health insurance. Does the school bear any responsibility for helping to pay medical bills?


Asked on 10/26/05, 8:38 pm

1 Answer from Attorneys

CHARLES WEINER Law Office of Charles Weiner

Re: Child injured in gym class

You should advise the school of the incident and ask whether their insurance contains a medical payment provision. Many insurance policies contain a med pay provision that pays the medical expenses for individuals who are injured on your property without respect to liability of the property owner. Be careful what you say about the incident as it may impact any latter action that you may wish to pursue.

In addition, you may have a cause of action in negligence against the school and/or the boy who knocked your daughter down. Such a cause of action may entitle your daughter to payment of medical bills, out of pocket expenses associated with her injury (e.g. lost time from work or tutoring to make up for missing school) and pain and suffering.

On a final note, while health insurance is expensive an unfordable to most working and non-working people who are not provided insurance through an employer, there are inexpensive alternatives to provide insurance for your children. In Pennsylvania the state offers insurance through a program called CHIP. For more information on CHIP call 1-800-464-kids or 1-800-986-kids or visit the Pa Dept. of Insurance web site (www.ins.state.pa.us)and click on the CHIP link on the left margin. Good luck

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Answered on 10/27/05, 11:27 am


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