Of course you can. There are a multitude of factors that would determine the recovery here. First, a private school is much easier to sue than the Clark County School District, because there are certain immunities granted to public agencies. The burden of proof would be to show the gym teacher was negligent in requiring children to perform this activity. Clearly, the younger the child, and the more inappropriate the activity, the stronger this case would be. I see a strong chance of recovery here, and I think your case has merit, based on your question. Call us for a free consultation. Time is always of the essence in personal injury matters and it is vital that you call as soon as possible.
The key to any successful personal injury case is viewing the facts through the eyes of potential jurors. Children are very sympathetic plaintiffs. There are also special legal issues when dealing with minors. For instance, we would likely be required to place any recovery for your nephew into what is called a "blocked account," meaning that the court would supervise the investment of the money. The parents could control where the money is kept, but cannot withdraw the money until the minor turns 18. This is one of several special issues created by statute in the State of Nevada. You need a law firm that has experience with children's special issues. Call us to set up an appointment.
YES you can sue but you'll have to PROVE your
case (the school's negligence). Good luck!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.