You may have a negligence or failure to properly supervise claim. You should speak with a personal injury attorney in your area to further evaluate your son's situation.
Close call. By the way, I am sorry about what happened to your son. Your first job is to prove negligence. You can do this in several ways. First, if an employee of the school caused the stool to be placed near the water fountain and caused the wet condition, and if that condition was deemed dangerous, then the school could be liable for causing a dangerous condition. That would be tough to prove. If the stool and water were placed there by someone else, the school still could be liable if you can prove that it was a dangerous condition and there was sufficient notice to the school in time for them to have been able to have done something to eliminate or warn against the dangerous condition. That also would be tough to prove. In terms of not calling you and letting him sit there for an hour, the school could be liable for that if you could prove that his condition would have been better if he had gotten quicker medical treatment. That also would be tough to prove. Then there is the issue of damages. I am assuming that the golf ball sized welt went down and that the doctors say there was not lasting condition like a brain injury or closed head injury? You did not indicate in your post that your child had a serious head injury. While you do not need to have a serious injury to bring a lawsuit, not many lawyers will take a case unless you have at least some significant medical bills or a more serious condition. But don't give up. Consult with a personal injury lawyer in your area.
You would need a good local personal injury lawyer to find out if there was negligence, as well as finding out how to navigate through any school immunity statute.
Get all appropriate treatment and testing. If lucky, all he got was a bump on the head and nothing serious. If he hasn't suffered much of an injury, then it may not be worth pursuing. A tort claim must be properly completed and served on the school district w/in 6 mos of the injury. Don't wait until the last minute to consult and or hire someone.
I agree with my colleagues that you may have a claim for negligence. You should contact attorneys and discuss the matter thoroughly before making a decision on whether to proceed with a case.
To supplement the excellent advise given you by my Avvo colleagues, I'd certainly make a complaint to the school about the incident. Probably your son will fully recover without anyone feeling the need to litigate a Small Claims Court matter, but the situation should not be allowed to be repeated; if a complaint to the School fails to bring appropriate response then a Small Claims suit might be appropriate for both recovery of damages and shaking up the School.
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