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!!
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.
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.
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.
Get free answers from experienced attorneys.
32,541 answers this week
3,269 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary