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teen injured at school while unsupervised facial scar Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by orangeivy, Jul 8, 2009.

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  1. orangeivy

    orangeivy Law Topic Starter New Member

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    My 16 year old son was struck in face with large dowel. Students playing stick ball outside of classroom unsupervised. Other student swung dowel, like a bat, and my son was walking up behind him and was struck directly over eye area. My son was tranported to hospital by ambulance.

    At ER, CT scan done and eye exam done by ER physician. CT scan normal and eye exam normal. He had laceration above eye across eyelid and approx one 1.5 inch laceration below eye on front cheek. This happened on June 16, 2009.

    He was not seen by a plastic surgeon or an opthamologist while at the ER. The ER doc couldn't close the lower wound after attempt with surgical glue. Wound kept bleeding through. They butterflyed the wound and sent us home. It was a 9 hour ER visit. Once home, I became concerned that we did not see a plastic surgeon. Upon recommendation of my health plan, we returned same day (in the evening) to the ER. Saw another ER doc and he concurred with the first doctor seen that day. I explained that I wasn't offered the opportunity to see a plastic surgeon on call that day. The doc felt it wouldn't have made a difference.

    It is now almost one month later and the healing looks terrible on my son's cheek. This was an injury that could have resulted in loss of vision. I am grateful my son's vision is ok (although he has not seen an opthamologist since injury). It is apparent he is going to have a very visible scar on the front of his face as the result of kids being allowed to be outside the school building during school hours, unsupervised.

    I have never dealt with anything like this and have no experience with law. I have health insurance however I am concerned about coverage for scar repair since that is not something my insurance will cover. I also think my health carrier should not pay for something that was the fault of poor judgement by school personnel.

    My son attends a public school.

    What is the liablitity of the school, teacher, and student who was swinging the dowel (my son described it as a pole like a closet rod, wooden, from the shop classroom)

    Thank you for any advise you may provide.
     
  2. fhaye

    fhaye New Member

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    I'm sorry to hear that regarding your son on what had happened to him. It really gives him a trauma regarding what had happened. The school has a liability on it even an accident or not. We as parents know that when they are in school they are safe and sound inside their premises and also why they did not put some warning devices or fences with in the danger zone.

    I've got a son who is on one of those boys military schools and during their training an accident occurred because of reconstruction of some buildings and the schools take the full responsibility on the pain is not that bad but they take the fault of it. They never pinpoint on how's fault it is.
     
  3. jharris352

    jharris352 New Member

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    With all due respect to fhaye, the school may have some liability but they do not have a great deal of liability. Your son is 16 not 10; in-other-words he is not a child he is a young man and should have some responsibility for himself. There was no "poor judgment" in allowing a bunch of 16 year olds to play baseball with a dowel. They are old enough to take care of themselves and this was simply an accident.

    I understand that your real concern isn't that the school let him do it but that your insurance won't pay to repair the scar so you are looking for someone that will pay. I am a parent of several children (6 in fact) and I too would be very concerned about a scar and such. But I am very concerned about this attitude in America that just because something happened that someone has to pay. If there was any negligence by the school, and I frankly don't see it, your son was contributorily negligent by participating in the game, or just not paying attention when the stick was being swung.

    All that having been said, the school's insurance MAY pay out a claim just to avoid the lawsuit that they will eventually win. Contact the Principal and ask them to file a claim on their insurance and find out what their stand is on the matter. If they will do absolutely nothing for you, I would contact an attorney and see what he/she believes can be done in your state.

    I also would not so easily write off your own insurance. You say they won't pay for scar repair, but I sort of doubt that. There is an end to what they will pay, but scar repair is a legitimate medical expense and they should cover it.

    Please don't take my post as me being mean. I'm a parent and I sympathize. I simply don't like the idea that because he isn't yet 18 that he has to be "supervised" 24 hours a day. That is especially true when they weren't doing something really stupid like jumping from a second story window on to a mattress or something.

    Good luck, I hope you get some cooperation from the school system. I do think their insurance will help out. I hope it all works out.
     

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