Legal Question in Personal Injury in South Carolina

eye injury

Two weeks ago my 14 year old son was shot in the eye by another child with an ink pen that was propelled from a rubber band. This happened at school in the classroom. His eye was bleeding and damaged but luckily his vision was not involved. The other child's parent has agreed to pay the out of pocket medical expenses and are waiting to pay us when my son is done with his doctor visits. My son not only suffered physical but emotional trauma that day and vomited for 24 hrs. because he was so upset from it. He has to have drops put in his eye 4 times a day and weekly doctor visits. His eye remains red from ruptured blood vessels. My question is, what if any liability and responsibility does the school have in this? We have been told by teachers at the school that this child is known to have thrown things at other children before and is known to be somewhat of a troublemaker. Do we have any kind of a case at all? Thank you.


Asked on 5/19/07, 1:13 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: eye injury

Depending on what you can prove the school knew or should have known, they may be found liable for failure to take adequate precautions to protect your child. However, that angle is somewhat tricky and anything that your son may have said/done to contribute to the incident could make a big difference in the case.

You can visit my South Carolina Personal Injury Law blog (www.scpilaw.com) for more information about this issue and personal injury cases in general. Thanks and good luck,

Ben Stevens

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Answered on 5/21/07, 1:17 pm


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