Can i file a personal injury claim against my daughters school?

Asked over 1 year ago - Sanford, FL

My 9 y/o daughter was at P.E. on yesterday, her and another student was playing tug-a-war with a rubber bungie cord that my daughter said had metal ends with a soft covering the other student let her end go and it hit my daughter in her face busting her nose and breaking her front permanent tooth to the nerve and now needs a root canal. Two months ago she was poked in the eye with a pencil at the same school and advised by the teacher to rinse her eye and have a seat never sending her to the clinic there was graphite in her eye and the optometrist said if it would have been 1 mm closer she would have lost her vision

Attorney answers (9)

  1. John Michael Phillips

    Contributor Level 19

    12

    Lawyers agree

    1

    Answered . I have cases similar to this and agree, they are tough, but there may be a claim here. You can sue for negligent supervision or for essentially a teacher's negligence in performance of his or her duties. Anything remotely relating to a school nurse is virtually untouchable by lawyers because of a combination of tough governmental immunity laws and tough medical malpractice laws. The tug-of-war concerns me and likely was a foreseeable injury that the teacher could and should have prevented or made more safe.

    I'd be happy to talk you though it- jmp@knowthelawyer.com or 1-800-6-know-law.

    Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and... more
  2. Michael R Crosner

    Contributor Level 20

    10

    Lawyers agree

    Answered . There may be a claim if you can establish negligence (ie: negligent supervision etc.). You need to contact a local personal injury attorney ASAP, as there are very short statute of limitations in most states for this type of action. I am unaware of the statutes of limitations in your state - I am a California attorney. MOVE QUICKLY

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Lawsuits against schools are tough due to school immunity statutes, but contact a local personal injury lawyer in your city to discuss in detail.

  4. Charles B. Upton II

    Contributor Level 15

    6

    Lawyers agree

    Answered . You need to a consult a Florida personal injury attorney. It sounds like you have a case.

    For a free consultation about your issue, please call (850) 727-5964. My answer to your question does not... more
  5. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Talk to a Florida attorney who knows the laws as they affect the school's possible immunity. Do it now rather than waiting and get photos as well....

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more
  6. Michael Dustin Sechrest

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . I agree with the responses and would also suggest you talk to an attorney about a possible product liability case. If this is one of those exercise bands with a handle on each end, I have seen several cases recently where people have been injured while using them as intended.

    This response is intended as only general legal information and not specific legal advice for your case. You... more
  7. Carmen S. Giordano

    Contributor Level 9

    5

    Lawyers agree

    Answered . You absolutely have a case. Get an attorney immediately!

  8. Dennis Michael Phillips

    Contributor Level 17

    2

    Lawyers agree

    Answered . Let me add a few things to the comments my colleagues have offered. The first point I want to make is this: money without a purpose finds a way of getting spent. We've all heard of athletes and celebrities losing their fortunes and ending up broke. Well, it happens to real people who win lawsuits, too. Start thinking long term about what to do with the money that your daughter receives from this claim, if any. College fund? Retirement fund with 50 years to accumulate tax-deferred? Cash value life policy for her (ridiculously good idea that hardly anyone ever considers or acts on)? Structured settlement? You have choices; and you might not know which is best by yourself.
    The second point is that Florida law mandates a guardian ad litem be appointed by the Court (cost and hassle) for settlements above a certain amount. Again, there is some planning that can be done ahead of time to obviate the need for a guardianship. The key is to plan for both points with your child's best interests at heart.
    Dennis Phillips
    dennis@411financial.com

    Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he... more
  9. Stacy E Pepper

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . You may have a case, but more facts are needed. Get a local FL attorney to sit down and discuss with you.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more

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