I was in gym class and the school didn't want to pay for benches for us to jump on so they had us jumping onto bleachers. I told my gym teacher I was too short, but he didn't listen. After jumping once or twice I slipped and cut my shin open. It was wide and deep and required me to leave school, not participate in sports, and get stitches that had to be pulled out later. I want to sue them for compensation but don't know if it is too late to and I don't know where to really begin with suing them. Could I also request out of district placement because of this?
Generally one can't sue a school for much of anything, including to pay for injuries sustained in school. You are free to place yourself out of district at your own expense.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
You may be able to sue the school/town for the injury if its a public school, however your compensation would be limited to payment of your medical bills. There is no basis to demand school reassignment based on this. In addition, you can claim pain and suffering, however for a temporary injury that may be limited. If you are covered by medical insurance you would also have to pay the insurance company back for any bills they paid on your behalf. There is a very strict timeline for suing towns and public entities in MA. You must first present your claim to the person in charge of the entity within 2 years and you must sue within 3. There are also limits to how much you can claim from a town under the MA Tort Claims act. Contact a personal injury attorney to go over some more details and see if based on the costs of your medical injuries it makes sense to sue or at the least present your claim to the town.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
Your claim would fall under the Massachusetts Torts Claim Act if the school is a public school. You have two years to file a claim and there is a three year statute of limitations to sue in court. Definitely contact your local personal injury attorney to review your claim.
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