Injury on School Property Premises Liability

So hit with a yoga ball when not looking, and which should not have reasonably been thrown....
Have you considered asking the other child's parents to pay the damages their child caused?

 

If someone falls on your property because of something that you did (or did not do), then yes. However, let's say that your friend Sally walked in to your house and accidentally dropped her banana peel, then, 2 seconds later, your friend Bob walks in and slips on the peel, falls, and hits the floor, causing a concussion. Why would you be responsible for that?

 

Just because there was no organized game doesn't mean the ball "should not have reasonably been thrown".

 

Mythbusters addressed the banana peel issue. It seems unlikely that a person could slip on just one banana peel but look what happens when there are lots of banana peels.

 

By the description given I was under the impression the kid was deliberately beaned by another goofing off. OP then said it wasn't even deliberate, so that pretty much changes everything

 

LOL

I guess I forgot to mention that the banana peel had larvae from an as-yet undiscovered species of microscopic creature that secretes pure WD-40.

(It IS my hypothetical scenario after all )

 

I'm guessing you don't have much of a grasp of how property owner's policies work. There's no such thing as "trip and fall coverage." As I explained in my prior response, it's possible that the relevant insurance policy contains a provision for payment of some amount (commonly $5-10k) for injuries suffered on the premises regardless of liability. It's also possible that this won't be the case here since the school may be self-insured or have different coverage than a normal commercial entity. Absent coverage of that sort, the child's parents will have to prove that the injuries resulted from someone else's negligence, and only then would the property owner's insurer step in to indemnify the property owner.

I note, by the way, that you ignored my inquiry about the child's parents' personal medical/dental coverage.

 

Based on what you've described, the school where the injury occurred almost certainly has no liability (although, as indicated, there may be "no fault" insurance coverage), and the entity operating the camp likely has no liability (either because of a lack of provable negligence or a liability waiver or both). As for the parents of the other kid, here's a summary of Pennsylvania parental liability law. Take particular note of a couple things. First, it appears liability is capped at $1k. Second, your daughter would have to prove that the injury resulted from the other child's negligent or willful conduct beyond what would normally be part of the accepted risk of a bunch of 10-year olds playing together. Under the circumstances, that would be virtually impossible to prove.