AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question My daughter was playing on the school ground for fun friday, when she was getting down, she told a kid not to push her, but he did and she broke her arm in two places and had to have orthopetic surgery. Is the school responsible or is the child's parent responsible, since my daughter told him not to push. She is is a lot of pain, this just happened this past friday 10-10-08. She did not even wanted to go back to school.
Answer Hi Deborah,
It is always a trauma for parents to see their children injured, so I hope that your daughter heals quickly.
There is nothing that I am aware of from your facts that any school administrator should have done to avoid this accident. Maybe if the bully pushed other kids then the school should have spoken with his parents. That is about it for the school, so I doubt that they had any culpability in this injury.
Insofar as the liability of the parents, once again your facts are a little light here, but assuming that pushing a participant in this game or device from which she was "getting down" is NOT part of the usual routine, then the boy's parents are liable irrespective of whether or not your daughter asked not to be pushed. Either his actions were negligent or purposeful, and in either case, it sounds like an unauthorized touching that resulted in an injury, AND HENCE, it is what we call a tort.
Hence, you would look to his parents for both the medical costs and the pain and suffering compensation. However, you will find that parental liability is limited in your state in terms of the total amount of their liability. Call your statehouse representative and ask her for the statute on parental liability for the torts of their children.
You can counsel your daughter about going back to school. This is a big world out there, and this kind of lesson is a good one for teaching a child to face what they do not wish to face.
Does that make sense? I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
