Skip to main content

My son fell off a monkey bar at the school. Could I sue the shool for neglect?

Escondido, CA |

My son went on a "big kids" monkey bar on the school playground during recess. There were adult supervision but nobody stopped him. His injury required a surgery and overnight hospital stay. Could I sue the Escondido public school for neglect since this could be prevented if someone is paying more attention. On top of this accident, he also had 3 accidents prior within 6 months. Please help!!

Attorney Answers 4


  1. You may have a case against the school district for negligence/negligent supervision. There are many factors that will affect the attorneys assessment of the case and the determination as to whether you do have a case against the school district. Your best option is to contact an experienced personal injury attorney in your area and set up a consultation. Provide the attorney with the complete background involving the matter, including the prior incidents, nature of injuries, etc. Most injury lawyers offer free consultations. Good luck.

    Disclaimer: This answer does not constitute legal advice, and should not be relied on since it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


  2. First, I hope your son is feeling better. This is certainly every parent's nightmare. Second, you may well have a number of claims against the school district. Of course, an experienced attorney would have to analyze all of the facts surrounding this incident before making a final determination of whether you have a case, and if so, how strong.

    Because the statute of limitations for personal injury claims against public entities (such as a school district) is shorter than for other defendants (typically, you must bring a claim against the public entity within 6 months), you should consult a personal injury attorney with experience dealing with such claims as soon as possible.

    Disclaimer: This answer does not constitute legal advice, should not be relied on, and is not substitute for a consultation wtih an attorney. This answer also does not create an attorney-client relationship or any other relationship.

    http://thesan-diego-personal-injury-lawyer.com/government_liability.html


  3. A potential case for negligent supervision certainly exists. There might be a claim for defective design of the playground. Please be mindful of notice of claim requirements. Act quickly. Speedy and full recovery to your son.


  4. You may have a claim for negligent supervision, but more facts are needed to determine this. Contact a personal injury attorney in your area to discuss your potential case. My office has handled a number of personal injury claims against southern California school districts. If you would like to discuss your son's potential case, feel free to give us a call. Best wishes for a fast and full recovery for your son.