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Daughter injured on the playground. Who, if anyone, is at fault?

Torrance, CA |

My daughter was playing on the monkey bars at school and they were a little wet from some drizzling before recess. Because of that her hands lost their grip and she fell with her hands palm down on the ground which caused a hairline fracture in her humerus bone. Who, if anyone, is at fault? I don’t want heaps of money, just enough to cover the cost of the doctor visit and the X-rays. Can I get reimbursed by the school?

Attorney Answers 6

  1. You should contact a qualified personal injury attorney located in, or who regularly practices in, Torrance. Always a distinct advantage to local counsel. Be mindful of short filing deadlines. Let a good lawyer explain the nuisances, etc. of this particular case. Hope your daughter gets well soon.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. If you want to pursue the School District, you would need to file a "government tort claim" within SIX MONTHS of the incident and a lawsuit after it is (inevitably) rejected. Your best theory would be negligent supervision but, to be honest, this sounds like a tough case to collect much, if anything.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

  3. While I cannot give you legal advice in this forum, did you discuss it with the school? They might have insurance to cover this. Otherwise, you have to serve the government claim, wait for it to be denied, and then sue for negligence. Maybe you will get lucky. Call the school and ask.


  4. There would be liability if there was negligence. Retain a local personal injury lawyer to investigate.

    The answer does not create an attorney-client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

  5. as noted by the other attorneys, tough premises liability case against a public entity. Keep in mind the claims reporting requirements. My two points are: rubber bark seems to be industry standard now in assisting these types of injuries. Possible argument school should have engaged in such. Secondly, there is actually a set ratio of supervisors to students, and only discovery in litigaiton would elicit how many school personnel were on the playground at the time.

  6. The other responses are correct. Likely a governmental tort claim which has very special and specific procedures. Second, the school may have rep different types of insurance to cover - medical payments which has nothing to do with the schools level of fault and liability where you have to prove negligence on the part of the school. Wet bars might be a viable case depending on other factors not in your question.

    Contact a local attorney.

    No attorney client relationship is created by the above response. The above response if for general information only. Nothing in the responses should be construed as legal advice for any personal injury, workers' compensation, Social Security disability case, or any other type of case. While we provide legal services to those in Oklahoma, nothing can replace actual legal services provided by engaging an attorney.

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