What is the name of your state? GA
My son sustained a serious head injury while playing on the school playground. He slipped on leaves that were around a drainage grate on the school playground. He hit his head against the drainage grate and received a fractured skull and bruising on the brain. His teacher admitted that the playground was overcrowded that day and that there were other classes on the playground. Upon discovering that he had fallen and hit his head, another student, his age, tried to pick him up. The other student then went and got the teacher, who came and picked my son up, then ran with him down the hall to the front office to call me. I then went to the school and asked him how he felt. The school did not call 911. I drove my son to the nearest emergency room. They ran a cat scan on him and it showed a skull fracture and bruising. He was then admitted to the pediatric intensive care unit for a couple of days. He underwent 4 cat scans and stayed in the hospital for 3 days. He had to have another cat scan done a month after he was released. That cat scan showed that the bruising was gone, but the fracture had not healed completely yet. He has been out of doing any heavy impact sports all Summer and he is only 6. My question is this, who is liable in this case? I feel that there are two issues. One being that the overcrowding contributed to the students spilling over into the area where the drainage grates are, and two, that the teacher should never have ran with him down the hall while he had a brain injury!!!! I have discussed the permanent placement of a fence around the drainage grate with the facilities management group and their idea of a "fix", was to place benches around the drainage grate. I feel a permanent fence should be placed there to avoid having any other children sustain such an injury as my son. Please help with any advice you could provide. Thanks.
My son sustained a serious head injury while playing on the school playground. He slipped on leaves that were around a drainage grate on the school playground. He hit his head against the drainage grate and received a fractured skull and bruising on the brain. His teacher admitted that the playground was overcrowded that day and that there were other classes on the playground. Upon discovering that he had fallen and hit his head, another student, his age, tried to pick him up. The other student then went and got the teacher, who came and picked my son up, then ran with him down the hall to the front office to call me. I then went to the school and asked him how he felt. The school did not call 911. I drove my son to the nearest emergency room. They ran a cat scan on him and it showed a skull fracture and bruising. He was then admitted to the pediatric intensive care unit for a couple of days. He underwent 4 cat scans and stayed in the hospital for 3 days. He had to have another cat scan done a month after he was released. That cat scan showed that the bruising was gone, but the fracture had not healed completely yet. He has been out of doing any heavy impact sports all Summer and he is only 6. My question is this, who is liable in this case? I feel that there are two issues. One being that the overcrowding contributed to the students spilling over into the area where the drainage grates are, and two, that the teacher should never have ran with him down the hall while he had a brain injury!!!! I have discussed the permanent placement of a fence around the drainage grate with the facilities management group and their idea of a "fix", was to place benches around the drainage grate. I feel a permanent fence should be placed there to avoid having any other children sustain such an injury as my son. Please help with any advice you could provide. Thanks.