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.
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.
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.
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.
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