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My son fell at school and now he needs oral surgery.

El Centro, CA |

My son fell at his preschool while jump roping on a padded surface that had concrete below it. He landed on his face causing damage to 4 of his front teeth. All four teeth are going to need to be removed because they are chipped and cracked and causing an infection in his gums. Can I sue the school for allowing him to jump rope and falling.

Attorney Answers 6

Posted

First and foremost get your child to the right dental expert, maybe an endodondist? If they are recommending removal of all the teeth, get a second opinion ASAP!
You can make a claim against the school district for the injury. If it is a public school, they enjoy certain govermental immunities that make it difficult to recover? You need to retain an attorney experienced in injury claims against school districts. Normally a claim must be filed within 6 months and then once the claim is rejected, the lawsuit must be filed within 6 months of the date of rejection of the claim. The school district will enjoy other qualified immunities, so you need a lawyer with experience in this area. Do not wait to get the lawyer! For now you should also take many photos of the scene and your son's injuries to preserve the evidence. You should also write for your attorney a detailed statement of the events surrounding the incident and the names of all the witnesess with their contact information. The lawyer should immediately, with the parents permission, get statements from the students that saw what happened and any other witnesses.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Shawn Michael Haggerty

Shawn Michael Haggerty

Posted

Better response than my own.

Posted

Possibly. Contact a local and qualified personal injury litigation attorney. Special rules apply, need someone acquainted with the area. Very sorry about your son. Happy holidays.

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 www.nyelderinjurylaw.com

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Posted

You can sue but i wouldn't rely on a positive disposition. You allowed him to engage in that activity when you signed him up. The school has insurance, file a claim. Will you file a claim if they did not allow him to play like the others? Your assertion that his teeth need to be removed is unlikey at that age. Take care of the child and good luck.

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Asker

Posted

My biggest problem is that they had a 4 year old jumping rope. I would not have allowed him to do that at home and since the accident the school has removed jump roping from the playground. Another issue I have that I forgot to mention is that on the accident report the teacher purposely put the wrong date of the accident to keep her from being fired for not writing an accident t report earlier. My wife took pictures the day it happened because she documents everything when it come to our children.

Shawn Michael Haggerty

Shawn Michael Haggerty

Posted

The only issue is is if there was a breach of standard "negligence." I do not see the date of the report as a great issue. File a claim and the best of luck.

Posted

potentially. these claims usually involve a failure to supervise. contact a
local personal injury attorney for a consult

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Posted

Firstly, I am sorry for your son's injuries. The most pertinent matter is getting your son the proper medical care and attention. With that said, it is difficult to find the school at fault based on your facts. It does not seem as if the school was negligent in allowing him to jump rope, and the surface seemed safe at the time of his activities. You still might want to contact a local personal injury lawyer, especially if it was a public school, as there are certain procedural and timing issues involved.

Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.

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Albert Lee Crosner

Albert Lee Crosner

Posted

As Attorney Yaghoubtil indicated, you will need to be able to prove that the school was negligent. That may be difficult to prove unless their are additional facts that were not stated.

Posted

Perhaps. Retain a local personal injury lawyer to investigate.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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