My daughter broke her wrist at school during recess. Is there a lawsuit possible?

Asked about 1 year ago - Schenectady, NY

She fell off of the monkey bars while playing at recess but the school offered their insurance to cover the doctor bills. Can I file a lawsuit?

Attorney answers (8)

  1. Craig A. Post

    Contributor Level 17

    10

    Lawyers agree

    1

    Answered . Perhaps. It depends on the facts and circumstances of her fall. You should contact a local personal injury attorney to discuss the school's potential liability. Keep in mind that if this is a public school, there are very short notice of claim requirements which, if not complied with, may prevent you from pursuing a claim.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Brian C. Pascale

    Pro

    Contributor Level 19

    9

    Lawyers agree

    1

    Answered . You may be able to to file a lawsuit based upon negligent supervision. Do not delay though, there is a strict period of time in which a Notice of Claim must be filed. Contact a local personal injury attorney immediately.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  3. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . She may have a claim if you can prove that the playground was unsafe (i.e. insufficient ground cover, the monkey bars were too high, etc.), or that the school negligently supervised your daughter. You should take pictures immediately and you must file a Notice of Claim within 90 days of her accident or you could forever be precluded from bringing a claim. Contact a local lawyer as soon as possible. Good luck.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  4. James D. Kiley

    Contributor Level 13

    7

    Lawyers agree

    1

    Answered . You need to consult with an attorney to discuss/ review what caused her to fall. We're the bars broken or defective in any way? If not, you are looking at an assumption of risk situation. How old is she? A claim for negligent supervision would be difficult as well since the best supervision would not have prevented a spontaneous accident like that. If its a public school, you will need to file a Notice of Claim within 90 days and the statute of limitations is shortened. Best to seek a consultation soon.

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more
  5. Eric Edward Rothstein

    Contributor Level 20

    7

    Lawyers agree

    Answered . I assume she just fell off of her own accord rather than something wrong with the monkey bars. If that is the case the issue is how she landed and whether the safety padding was sufficient. If this is a public school you need to serve a Notice of Claim within 90 days of the accident. Consult a personal injury lawyer ASAP.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  6. Dean P Murray

    Contributor Level 18

    6

    Lawyers agree

    Answered . Repeat question.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  7. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . You will need to establish that the school was negligent and that their negligence was the primary cause of her injury. If the school did not adequately supervise or monitor the activity that resulted in her injury, you might have a case. There are strict time limits involved insuring a public school, so please consult with a qualified attorney right away.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Duplicate post. Asked and answered.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,132 answers this week

2,872 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,132 answers this week

2,872 attorneys answering