My daughter was hurt at school. A desk fell on her foot and cause nerve damage and she has a cast on and it was caused by a broken desk that was pushed by a student that was having a verbal dispute with another student. The school failed to give me a call or report letting me know what happened.
Unclear what she fell on specifically which would be helpful
You ought to talk to a local personal injury attorney to see if a claim can be brought against the family o the young child who pushed your daughter. Some more details to your post could be helpful, but an attorney in your area will tell you about the potential claims!
Good luck to you and your daughter.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced attorney to be fully aware of your rights. Finally, please forgive any typographical errors in my note!
Negligent supervision at school and dangerously defective fixtures or furnishings at a school are potential fodder for a suit to recover money damages for the losses suffered by your daughter, and your family. Much more information would be necessary to assess such a claim. I suggest that you gather all of the information that you have and schedule a free consultation with a local attorney. The attorney should be very familiar with suits against municipal entities as schools are very often subject to special time limitations based upon their public nature. These limitations can be enforced to prevent a suit, even if a suit were otherwise viable. Act soon, and good luck to your daughter for a full recovery.
You may have a claim against the school depending on additional facts, and against the families of the two other children, again depending on additional facts. contact a personal injury attorney near you to discuss.
First you must file a Notice of Claim with the Board of Education and Township within 90 days of the date the injury occurred. You can bring a claim against the school alleging improper supervision and , if they had notice of a broken desk, you could allege that they are responsible for the injury. Public entities are protected under Title 59 of the New Jersey statutes. It is imperative that you seek legal advice.
I'm so sorry to hear that this happened to your daughter. I hope she's able to make a full recovery from this injury. As far as what you can do, I would suggest reaching out to a New Jersey attorney with experience handling different kinds of personal injury cases. Most of us offer free consultations, so you can discuss the situation in more detail, get answers to any questions you have, and find out if what happened to your daughter could be the grounds for a case that's likely to be successful. Please don't wait to get an attorney involved in this. If the school you're referring to is a public school, your time to notify the defendant that you're pursuing a claim is very short -- much shorter than it would be if a non-government entity owned the property. Good luck to your family in dealing with this injury, and with the case.
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When you are talking about suing a school, things are much different. Any governmental entity has certain protections. You have 90 days to file what is called a tort claims notice or you may be barred forever from doing so. It is much too complicated to explain everything on this site, so you should contact an attorney as soon as possible.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified. This response shall not form the basis of an attorney-client relationship.
The first issue to consider is whether the school in question is a public or private school. If the school is private, you can presume under the normal mechanics of a tort action in either Pennsylvania or New Jersey. If your daughter attends a public school, the claim will be governed by the state’s applicable tort claims act. The tort claims act will limit the amount of recovery to a statutory cap. However, the potential recovery for the injuries you describe likely falls below the damages cap, so it should be of little concern. Of critical importance is the tort claims act’s notice requirement and procedural limitations. If the school is in Pennsylvania, you must file notice of intention to make a claim within six months of the accident. If in New Jersey, you must file the notice within ninety days of the accident. Failure to satisfy these notice requirements can and will bar your claim entirely.
Assuming the school is a public school and you meet the notice deadlines, the rest of the case will be governed via general negligence and property liability principals.
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