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Can i sue a school for neglect?

Chicago, IL |

My son is only 6 years old and he fracture his right wrist in school. He is in kindergarden and he did this in the teacher's care. I asked him what happened and the teacher cut me off and told me about something he did two days ago. And i asked him again and she says yea i wanna hear what lie your anout to tell. And he never did tell me what happened at school until we got home. It was like the teacher frightened him into not telling me. Plz someone help me!!!

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Attorney answers 6


I think you need to sit your child down and ask him or her exactly what happened. Once you get the info., contact an injury lawyer to discuss the claim. Also, the lawyer is going to want to know whether the incident took place in a private or public school, as there are different standards for liability.

Feel free to contact my office at 312-924-7575 with any questions.

Dave Abels


It is extremely hard to prevail against a school. Schools have specific, legally-created immunities from lawsuits for damages.

The fact that it is a fairly regular occurrence that 6 year old boys will get hurt in general doesn't help your chances.

If there was some past pattern of risky behavior that had been complained of, or some allegations that this particular teacher was aware of a dangerous condition that caused your son to get injured, you MIGHT have something to discuss.

However, based on what you have provided in the way of facts, it is impossible to determine whether you may have a colorable case or not.

I suggest you consult an experienced personal injury lawyer to protect any rights you may have.


Here's the scoop:

It is difficult to determine from your posting exactly what happened that caused the broken wrist, or whether it was the teacher who told your son about something that he did two days ago, or your son did. Getting from small children a reliable and consistent statement of facts necessary to support an injury claim can be a challenge.

IF the injury was caused by the negligence of the school or its staff/teachers, there might be a worthy case IF it is a private school.

IF your son goes to public school, then under most factual circumstances the school and its staff/teachers are immunized by state statute from claims arising from their alleged careless
behavior. The aspect of your posting having to do with the teacher seemingly scaring your son into not telling you what happened is not something most would be interested in pursuing as a claim for money damages.

An injury lawyer who is knowledgeable about school liability issues could best answer your inquiry after more involved consultation regarding the facts.


J. Malkinson


I agree with the above contributions written. However the specific facts of what occurred need to clarified. I have successfully sued a school for negligence and prevailed on a overcoming the immunity arguments schools will make.

Set up a free consultation with a lawyer, go over the details of your situation, and bring any paperwork or medical reports you might have.


You might find helpful my Legal Guide "Successful Start to a Personal Injury Case"

Many that have read it have found it helpful.

It is possible, if the facts are right, to overcome the immunity arguments schools will make.

You might find my Legal Guide helpful "How to Choose a Lawyer for you.”

You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

Alan Brinkmeier


I think that perhaps even more important than the legal aspect is determining what actually happened, if for no other reason than to assure that similar incidents haven't occurred in the past and are being covered up by this teacher - or the school - and thereby help make sure that similar incidents do not occur in the future. To that end, if you are having trouble determining what occurred that led to the fracture of your son's wrist, I suggest talking to an appropriately qualified mental health professional to consult with your son and find out what happened in that fashion. That should put you in the best position to ascertain whether in fact you have a viable legal action or don't.

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