Playground injury at school....

What is the name of your state? VA

On Friday, 9/10/04, our 9 year old daughter was "bumped" off the slide during school
recess. We were told she fell about 5 feet down when she landed and broke 2
bones in her forarm. One was a complete break and the other was a "green
stick fracture". Because that bone only bent and didn't completely break
they had to sedate her and break the bone completely in order for it to heal
straight. After talking about it this morning, we don't really feel we
should have to pay the bills. What are her rights? What are the school's
rights?

hazy said:

On Friday, 9/10/04, our 9 year old daughter was "bumped" off the slide during school recess.

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Rather than discuss rights and all (which really isn't relevant), there is nothing in your post that would make the school responsible for the ACCIDENT injury.

Now, if you care to clarify 'bumped off the slide', there might be a different answer.

I agree, yet in such cases, the schools liability insurance policy generally kicks in.

Now the school may be liable if the equipment and area did not conform to national safetly standards, ie. the slide was old and unsafe, there was no cushion type material on the ground to absorb the impact etc.
Search the CPSC and the national playground safety act for more info.

Where were the teachers? Were they in any way negligent?

Even with a careful watch, accidents can happen in the blink of an eye.

Sorry to hear about the accident.

HomeGuru said:

the schools liability insurance policy ususally kicks in.

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I disagree. Unless the school was somehow negligent, their insurance will not step forward... that is why there is such a huge industry as 'student insurance programs' (remember that little form your child brought home the first few days of school?).

I got more details today...

I don't think the little girl who knocked her off the slide did it on purpose. But, my daughter told me the teachers were talking at the playground entrance and that her teacher was walking onto the blacktop (next to the fenced in playground). But, her teacher told me she was sitting on the bench when it happened. I haven't found out exactly what bench yet. I asked the vice principal about this and first he told me he didn't see the playground when the accident happened but then he told me the information my daughter gave was innacurate. How does he know if he didn't see it? It's my understanding these teachers are supposed to be at stations, not all together in one spot socializing! As for the condition of the playground, it's only a couple/few years old. Is there a law saying how deep the mulch should be around the slide? Or, what kind of upkeep it requires to keep the kids safer?

I forgot to mention that there have been other broken arms (some child last year broke both arms) from falls off this same slide. Poor kids!

hazy said:

I forgot to mention that there have been other broken arms (some child last year broke both arms) from falls off this same slide. Poor kids!

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Gee, then that should have been even more incentive for you to get the school offered 'at school' insurance.
BTW, nothing in your update shows the school to be liable either.

School Insurance

By the way, the school insurance form came home Friday...was I supposed to fill it out in the ER? And, I only found out today about the other injuries from that slide.

Thanks for your help everyone...except the ... who posted about the insurance!

hazy said:

By the way, the school insurance form came home Friday...was I supposed to fill it out in the ER? And, I only found out today about the other injuries from that slide.

Thanks for your help everyone...except the ,,,,, who posted about the insurance!

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**A: what writer?

This one...

"Gee, then that should have been even more incentive for you to get the school offered 'at school' insurance."

This ....!

And how about the smartass writer who can't accept the FACT that accidents happen.... and there isn't always someone to blame or an 'open pocket' to try to reach their hand(s) into???

Excuse me?

You are way out of line and way off! I know that accidents happen and I also know that my child should be supervised properly at school. Even if we filed a claim and won, it wouldn't be my pocket being filled, it would be my daughter's. Plus, I'm not trying to get boatloads of money, just want the bills to be covered. I came here for a little advice and information and get badmouthed. How nice! I'm out thousands of dollars because of this. Get a grip and realize not everyone is out to make a buck! If you knew me, you'd know that was not the case at all.

Please do. But also suggest that they not be looking for a 'lottery prize' when their child is injured at NO fault of anyone.... and then make sure that they don't bitch and whine just because they didn't get the answer they were hoping for.
Have a hap-hap-happy day!!

What is your problem?

IF I WANTED A LOTTERY PRIZE, I'D BUY A TICKET! I wasn't looking for a particular answer, either. I came here to look for the answers to my questions and I've got them. I'm not ticked off because the school probably can't help out. Not everyone is out for gold. Is it because you are that you think everyone else is? Also, I have yet to bitch or whine! Trust me, you'd know if I was! Apparently you have a really warped sense of what people are all about! I hope you have a great day, too, maybe you won't be so damn cranky tomorrow!