My child was injured at school

[Mass Mom]

Jurisdiction

Massachusetts

I would like to get advice on a distressing situation that occurred with my son at his school:

My 4 year old was injured by another student in the classroom who intentionally hit him near the center of his forehead with the corner of a hard wooden toy. There was bleeding and he needed to go to the ER, it took 2 stitches to close the deep gouge. He missed the rest of school that day for his visit to the ER and subsequently several half days of school to visit the pediatrician and dermatologist. A scar remains and we are told it will never go away completely.

It is a private school so we incur tuition costs for days missed. We have also have had to pay insurance co-pays for each doctor visit.

Who is responsible in this case? What legal expectations should we have about how these costs are shared with the other family or the school. And do factors such as longer term impacts such as a noticeable facial scar, continuing wound care, etc. play into it? Or should we consider only the costs of the copays or the pro-rated missed school cost?

I have tried to present it in a manner that is just about the facts and not how upsetting the event and other factors around it were. If other factors matter such as the response of the other parties (other parents, school, etc.) please let me know too.

 

[adjusterjack]

The school might or might not have some liability. The parents might or might not have some liability.

All I can suggest is that you consult a personal injury attorney and review your options.

 

[army judge]

I would like to get advice on a distressing situation that occurred with my son at his school:

My 4 year old was injured by another student in the classroom who intentionally hit him near the center of his forehead with the corner of a hard wooden toy. There was bleeding and he needed to go to the ER, it took 2 stitches to close the deep gouge. He missed the rest of school that day for his visit to the ER and subsequently several half days of school to visit the pediatrician and dermatologist. A scar remains and we are told it will never go away completely.

It is a private school so we incur tuition costs for days missed. We have also have had to pay insurance co-pays for each doctor visit.

Who is responsible in this case? What legal expectations should we have about how these costs are shared with the other family or the school. And do factors such as longer term impacts such as a noticeable facial scar, continuing wound care, etc. play into it? Or should we consider only the costs of the copays or the pro-rated missed school cost?

I have tried to present it in a manner that is just about the facts and not how upsetting the event and other factors around it were. If other factors matter such as the response of the other parties (other parents, school, etc.) please let me know too.

Schools have many protections in situations similar to yours.
Schools don't have total immunity, however.
I suggest you discuss your legal options with three or four local attorneys.
The initial consultation is generally offered at no charge to you.

 

[Mass Mom]

Schools have many protections in situations similar to yours.
Schools don't have total immunity, however.
I suggest you discuss your legal options with three or four local attorneys.
The initial consultation is generally offered at no charge to you.

Hi Army Judge,

Thanks for the input. I appreciate it.

This is when one wishes they had an attorney in the family!

MassMom

 

[Mass Mom]

The school might or might not have some liability. The parents might or might not have some liability.

All I can suggest is that you consult a personal injury attorney and review your options.

Hi AdjusterJack,

Thanks for the response. It's new and difficult territory, but it is seeming like we'll need to figure out how to secure some consultation with an attorney to really get advice for our particular situation.

Thanks again!
Mass Mom

 

[army judge]

Hi Army Judge,

Thanks for the input. I appreciate it.

This is when one wishes they had an attorney in the family!

MassMom

You're welcome, but as the attorney in our family, it can be trying at times. LOL

Never expect an instant remedy when matters of law are in dispute.

Yes, it's frustrating.

It will require patience to see this through to the end, which might not be to your liking.

 

[ElleMD]

Have you spoken to anyone at the school to ask if this falls under their liability insurance? Start there. All schools should have such a policy and that is primarily what they cover. At 4, kids do stuff like that. They aren't trying to send a kid to the ER, they are just acting like 4 year olds. You aren't going to be able to press charges or hold the parents criminally liable.

 

[adjusterjack]

Have you spoken to anyone at the school to ask if this falls under their liability insurance? Start there. All schools should have such a policy and that is primarily what they cover.

Yes, it's safe to say that all schools have liability insurance but liability insurance pays a claimant if there was negligence on the part of school personnel and that negligence resulted in the child's injury.

 

[ElleMD]

Not necessarily. I spent a lot of years working in education. Most of the policies should cover this kind of thing. Happens daily. There are separate policies that protect employees in their professional capacity in the event a claim for negligence is made.

 

[adjusterjack]

Not necessarily. I spent a lot of years working in education. Most of the policies should cover this kind of thing. Happens daily. There are separate policies that protect employees in their professional capacity in the event a claim for negligence is made.

You may be referring to student accident policies which have nothing to do with liability insurance.

A liability insurance policy pays those sums for which the insured becomes legally liable (if there is negligence), provides a defense if there is no negligence, and gives the insurance company the right to investigate and settle if expedient.

It's possible that you have seen insurance companies paying for a child's injury with no apparent negligence. That's called go-away money and it's usually a small payment just to close the claim.

 

[cbg]

It's also possible that having worked in the specific industry, Elle knows what she's talking about.

You've made mistakes in talking about health insurance, AJ, which is what I work with; you don't necessarily know all the ins and outs of every line of insurance in every industry.

 

[ElleMD]

Having worked in education most of my career, and having 2 siblings who filed claims under such policies, they do exists and they do not require negligence. Schools would go broke if every little injury had to be adjudicated through the courts.

 

[C-Note]

Have you spoken to anyone at the school to ask if this falls under their liability insurance? Start there. All schools should have such a policy and that is primarily what they cover. At 4, kids do stuff like that. They aren't trying to send a kid to the ER, they are just acting like 4 year olds. You aren't going to be able to press charges or hold the parents criminally liable.

I agree with you that 4 year olds will act like 4 year olds and that's why I believe that allowing them to play with a 'hard wooden' toy can be percieved as negligence on the school's part, therefore resulting in a claim for negligence, with the insurance company.

 

[ElleMD]

Good luck with that. Wooden blocks have been the playthings of 4 year olds for more than a century. The school isn't required to only have toys made out of nerf, but you are welcome to file a claim and see what happens. My guess is it will be covered but not because of any finding of negligence.

 

[Betty3]

Agree with Elle. Many 4 year olds play with wooden hammers to hammer in pegs, wooden blocks, wooden puzzles & so on.