High school injury

[hector williams]

MY son is a high school senior, who was in his wood working class when he slipped on sawdust onthe floor. He busted his knee in the fall and required surgery to remove a 2'' broken bone in his patella, the school refuses to pay for the accident, even though the school is responsible for student in their care on their property. I intend to sue the insurance co. for denying the claim and the school for negligent, because the floor should be kept free of trip hazard in any work shop , and it is in the school policy which obviously they are not practicing. what do you think ?? please help!!

[Antigone*of*Greece]

Originally Posted by hector williams

MY son is a high school senior, who was in his wood working class when he slipped on sawdust onthe floor. He busted his knee in the fall and required surgery to remove a 2'' broken bone in his patella, the school refuses to pay for the accident, even though the school is responsible for student in their care on their property. I intend to sue the insurance co. for denying the claim and the school for negligent, because the floor should be kept free of trip hazard in any work shop , and it is in the school policy which obviously they are not practicing. what do you think ?? please help!!

US Law only

[ecmst12]

They must be in the US, otherwise they'd have universal health care.

I don't see where the school did anything negligent. One would expect there to be sawdust on the floor in a WOOD SHOP and students would be expected to exercise due care because of this expected risk.

[Zigner]

Furthermore, the OP wouldn't sue the INSURANCE COMPANY - OP should sue the school. And, another point...a claim would likely have to be made and denied within the statutory period for any suit to move forward...


(ASSuming this is in the US of course )

[wyett717]

MY son is a high school senior, who was in his wood working class when he slipped on sawdust onthe floor.

If the shop teacher failed to explain safety rules to the students (highly unlikely scenario), that would be negligent. Besides, it is VERY likely that the shop rules require students to clean up their own messes; which your son and/or another student failed to do.

He busted his knee in the fall and required surgery to remove a 2'' broken bone in his patella

This doesn't make any sense at all. The patella itself isn't even 2 inches in diameter.

[ariastar]

Ah, I remember well the day the press for the horizontal drill came down on my finger in wood shop. It hurt like a mofo, lots of bleeding, more pain. Back in those days, you learned from it, were more careful, and moved on, no thought of suing at all. You accepted that accidents happen. My, how the times have changed in the 10 years since I finished high school.

Your son had an accident. It's wood shop. Saw dust on the floor is to be expected unless someone is standing there with a broom and dust pan so that every time the tooth of a saw hits the wood, those few dust flakes can be immediately swept up. If a 2" bone fragment in his patella needed to be removed, I suspect there's more to this story than a simple accident with a painful fix.

[hector williams]

Wow ! you guy's are Harsh , But I guess it's Fair to give an honest opinion . In do reside in the U.S. ( louisiana) I do have health care , real good one , My point is that if your kid is in someones care no matter the circumstances there is a liability factor. ( scenario) Your kid breaks a window on the school building while playing catch with a baseball, Are you liable to fix it, or should they ,? with no charge to you for your kid.

[ecmst12]

Liability requires negligence. Depending on the circumstances, your kid might or might not be liable for breaking a window.

[wyett717]

My point is that if your kid is in someones care no matter the circumstances there is a liability factor

NOT true. As stated, there needs to be negligence involved, and your situation appears to be an accident. One of the students (possibly yours) was irresponsible in cleaning up his/her mess, and that is not the school's fault.