Nail gun injury at school

[tlsmithers]

What is the name of your state (only U.S. law)? TX

My son was working on a portable building in his carpentry class. He was on the roof (15 feet up) and the teacher threw him a nail gun. He caught the gun but it went off and he was shot in the wrist and it went all the way through to the other side. It got stuck in the bone and he had to have surgery to remove it. Wouldn't the school be held responsible? We know it was an accident and we are only asking the district to pay what our insurance is not covering. His hospital bill alone was 19,000.

[JETX]

Originally Posted by tlsmithers

Wouldn't the school be held responsible?

Wouldn't it??? Depends on the full facts. From your post it APPEARS that the teacher may have been negligent in 'tossing' the gun. I suggest you try to negotiate a settlement with the school district... and if not successful, talk with a local attorney.

[xylene]

You need to contact an attorney straight away.

Before you tip your hand by 'negotiating'!!!

[JETX]

Originally Posted by xylene

You need to contact an attorney straight away.

Before you tip your hand by 'negotiating'!!!

Of course, that is 110% crap. There is no 'loss of position' by trying to resolve a dispute BEFORE pursuing litigation. Litigation, especially in a case as this, should be a last resort as it will be expensive, time consuming and could bring public responses that are not favorable.

[xylene]

Originally Posted by JETX

Of course, that is 110% crap. There is no 'loss of position' by trying to resolve a dispute BEFORE pursuing litigation. Litigation, especially in a case as this, should be a last resort as it will be expensive, time consuming and could bring public responses that are not favorable.

And I am sure the school district doesn't already have a lawyer(s) on the case of a student injured by a nail gun 'thrown' by a faculty member.

And I am sure the poster has the requisite expertise to even determine a proper settlement amount, which of course is a sum substantially greater than the so-far incurred medical bills.

That and per the first post the school is already refusing to pay the basic medical bills as asked...

[tlsmithers]

You are correct in stating that the district has said they wouldn't pay. They redirected us to an adjuster for their insurance and we were told that unless it was an activity involving UIL or an automobile accident using the schools car, that they were not responsible.

As I said before, it was an accident but the teacher does not deny what happened. I know that the district is concerned because he had many visitors in the hospital including the teacher, 2 principals, the athletic director ( he's in several sports) and the superintendant of the district.

I understand the policies as far as what they are "allowed" to pay but we were told they "couldn't' use tax payer money to handle claims. We are just really confused at this point.

[Zigner]

Originally Posted by tlsmithers

You are correct in stating that the district has said they wouldn't pay. They redirected us to an adjuster for their insurance and we were told that unless it was an activity involving UIL or an automobile accident using the schools car, that they were not responsible.

As I said before, it was an accident but the teacher does not deny what happened. I know that the district is concerned because he had many visitors in the hospital including the teacher, 2 principals, the athletic director ( he's in several sports) and the superintendant of the district.

I understand the policies as far as what they are "allowed" to pay but we were told they "couldn't' use tax payer money to handle claims. We are just really confused at this point.

NOW get a lawyer. You probably have a good case as NOBODY who is practicing safety would "toss" a nail gun 15 feet. And that's even if it WASN'T energized. I'm amazed that this guy hasn't been fired (or at least "reassigned")