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My daughter broke her wrist at school during recess. Is there a lawsuit possible?

Schenectady, NY |

She fell off of the monkey bars while playing at recess but the school offered their insurance to cover the doctor bills. Can I file a lawsuit?

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Attorney answers 8

Posted

You may be able to to file a lawsuit based upon negligent supervision. Do not delay though, there is a strict period of time in which a Notice of Claim must be filed. Contact a local personal injury attorney immediately.

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Posted

Perhaps. It depends on the facts and circumstances of her fall. You should contact a local personal injury attorney to discuss the school's potential liability. Keep in mind that if this is a public school, there are very short notice of claim requirements which, if not complied with, may prevent you from pursuing a claim.

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Posted

She may have a claim if you can prove that the playground was unsafe (i.e. insufficient ground cover, the monkey bars were too high, etc.), or that the school negligently supervised your daughter. You should take pictures immediately and you must file a Notice of Claim within 90 days of her accident or you could forever be precluded from bringing a claim. Contact a local lawyer as soon as possible. Good luck.

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Posted

I assume she just fell off of her own accord rather than something wrong with the monkey bars. If that is the case the issue is how she landed and whether the safety padding was sufficient. If this is a public school you need to serve a Notice of Claim within 90 days of the accident. Consult a personal injury lawyer ASAP.

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Posted

Repeat question.

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Posted

You need to consult with an attorney to discuss/ review what caused her to fall. We're the bars broken or defective in any way? If not, you are looking at an assumption of risk situation. How old is she? A claim for negligent supervision would be difficult as well since the best supervision would not have prevented a spontaneous accident like that. If its a public school, you will need to file a Notice of Claim within 90 days and the statute of limitations is shortened. Best to seek a consultation soon.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

Posted

Duplicate post. Asked and answered.

Posted

You will need to establish that the school was negligent and that their negligence was the primary cause of her injury. If the school did not adequately supervise or monitor the activity that resulted in her injury, you might have a case. There are strict time limits involved insuring a public school, so please consult with a qualified attorney right away.

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