Legal Question in Personal Injury in Pennsylvania
my daughter fell on ice at my grandsons school, are they liable for her injuries
3 Answers from Attorneys
If it's a public school no due to immunity to local governments. If it's a private or charter school where the property is not owned by a government agency then there may be a valid claim. Was your daughter hurt??
It depends on the status of the school, and the nature of the injuries. Feel free to call our offices to discuss. Did your daughter go to the hospital?
I agree with the above answers. Slip and fall cases on ice are extremely difficult, regardless of the circumstances. A case against a public school is much more difficult. The initial issue is really how badly your daughter was hurt. Hopefully, not badly, and if that is the case, your chances of winning any significant amount of money don't necessarily make economic sense. Any lawyer will chare you a contingent fee of 33-40% or more. The lawyers will generally advance litigations costs. This can include filing fees, court reporter fees ,fees to obtain your medical records, as well as other potential costs. Also, generally your medical insurance company is entitled to subrogation or repayment of a percentage of your medical bills
So, imagine you settled the case for 5,000.00. Your lawyer earns a fee of 1,666 to 2,000. He gets repaid the costs he has advanced which can easily exceed 1,000. Finally, the insurance company that paid your bills asserts a claim for repayment, which generally can be negotiated down to by 1/3 or 1/2. So, if you add these numbers up, depending on the amount of your medical bills, you would probably end yp with well less then 2,000. And generally, it will take at least a year or 2 of litigation to get that money.
Finally, if the school was a public school notice requirements must be followed (written notice to the school board within 180 days of the accident), and the injuries have got to be extremely serious, usually resolving in the permanent loss of a bodily function.
Under any circumstances, your sister should speak to a lawyer, because we have been given no information concerning the circumstances of the accident or the nature of her injuries.