My child was hurt @ school, while on the playground. She fell on her arm another child took her to the office & she was just given an ice pack. She asked for them to call me but they said no she would be fine, after school she was till crying saying it hurts. I asked what hurts & she stated she fell off the monkey bars. I tried to move her arm & she couldnt so I ened up taking her to the ER where they said she broke a bone. I never got a call from the school or a letter nothing. I called the school the same day like 20 mins. after school was out & they said I have to talk to the nurse tomorrow she was gone for the day.
The pursuit of a possible case will depend on the sovereign immunity laws for the State of Illinois assuming it was a public school. Sovereign Immunity pertains to the manner in which a state agency or entity can be sued. There are typically limitations as the type of case and the amount that can be awarded. There are also notice provisions as well in pursuing claims / cases. The lack of notice in a case of this nature is less important than the type of supervision in place at the time of the incident. The question is whether the incident was preventable with better supervision. If the school was more prompt in notifying you of the injury, it is likely that the extent of the injuries and need for medical treatment would have been the same. Contact an Illinois attorney to find out your legal rights. Discuss these and other issues. Good luck.
Schools and municipalities have immunity from liability from most tort liability without showing willful and wanton behavior.
Unless you proved prior injuries known to the school dir to a seriously dangerous condition, you're probably out of luck.
Consult a lawyer to confirm this analysis and examine the facts and options.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Email: [email protected]
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
Many questions remain.
If the school is a public one, then you must deal with sovereign immunity issues (it's not easy to sue the government). Sovereign immunity law varies by state, and often imposes strict notice requirements that fall due before the end of the limitations period.
I also question the strength of a negligence claim against a school, public or private, in a playground fall. Was something wrong with the playground equipment? If so, you need pictures to preserve evidence, and to try to convince an attorney to take what looks like a tough case.
You could have claims for aggravation of injuries by virtue of the lack of emergency care, but again you could have sovereign immunity issues, and in some states you might need to fight against heath care tort "reform."
See a personal injury lawyer in the venue where this happened. You should be able to get a free consultation. Check lawyers.com for an AV-rated lawyer, or check here on avvo for a qualified lawyer in the area.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Generally, schools are immune from suit. Unless you can show that the school knew of a serious danger and did nothing to prevent the injury, you are probably going nowhere. If in doubt, you should consult with a local personal injury attorney.
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