Legal Question in Personal Injury in Pennsylvania

school injury

hi,

my son was injured at school about 1 month ago in gym. can i sue the school? He fractured his proximal humerus while doing wrestling as a curriculum in gym class and needed 2 surgeries. Can I sue the district for medical bills and pain and suffering?


Asked on 3/28/07, 7:13 pm

2 Answers from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: school injury

Assuming your son attends a public school (the law is different for private or religious schools) a suit against the school district will be almost impossible to win. All government entities in PA, including school districts, have immunity from suit except for certain specific exceptions. I would need to know exactly how he was injured. But mere failure to supervise is not a winning theory. It is possible we can find another potential defendant to sue, like the manufacturer of a gym mat that is supposed to protect someone when falling. You're welcome to call me to discuss. Good luck!!

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Answered on 3/28/07, 8:57 pm
John Gibson John W. Gibson, Esquire

Re: school injury

As far as the medical and hospital expenses, the School Board probably has insurance to cover this, see:

24 P.S. � 5-511 (2006)

(c) The board of school directors may (1) permit the use of school property, real or personal, for the purpose of conducting any activity related to the school program, or by any school or class organization, club, society, or group, (2) authorize any school employe or employes to manage, supervise and control the development and conduct of any of such activities, (3) employ or assign any school employe to serve in any capacity in connection with any of such activities.

(f) The board of school directors of any district is hereby authorized to appropriate any monies of the district for the payment of medical and hospital expenses incurred as a result of participation in such athletic events or games, practice or preparation therefor, or in transportation to or from such athletic events or games, or the practice or preparation therefor, and for the purchase of accident insurance in connection with such participation and transportation.

As far as pain and suffering, I agree with the other answer.

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Answered on 3/29/07, 12:53 pm


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