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Injury During Gym In School

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rolex lover

Junior Member
What is the name of your state? NJ


I Have a question , I got injured at school during gym period a few years back , im in the processing of suing the school due to me breaking my knee because there was a sitting bench in the field area that we were playing during gym. I was running towards the end zone with another student , and I ran into the bench breaking my knee.

Well after a year or so of 3 surgeries and costing about 40,000 dollars in medical costs and few thousands of dollars of physical therapy bills(which I paid from my insurance and not the school)
and being on disability for more than 6 months

finally went to arbitration and was offered 50,000 from the arbitrator. 30,000 will be mine after lawyers and fees

my question is , should I reject it and go to court and try and get more money, cause I was first told by my lawyer I could get 100,000

but now I get a letter from my lawyer saying I could lose it all due to NJ
TITLE 59 (claims against public entities). which my understanding is , I can not sue the town that I live in ?


any suggestions?? should I take the money that was offered to me , or should I take it to court ?
 


seniorjudge

Senior Member
You must not be a native English speaker. In our country, it is a common saying, even among the very young.


"It's better to possess something real right now than to count on finding something better in the future. The proverb is similar to the thirteenth century Latin: Plus valet in manibus avis unica quam dupla silvis (A bird in the hands is worth more than two in the woods.) It has been traced back to the 'Life of St. Katharine' (c. 1450) by J. Capgrave."

--Random House Dictionary of Popular Proverbs and Sayings, Gregory Y. Titelman (Random House, New York, 1996)

http://www.phrases.org.uk/bulletin_board/28/messages/640.html
 

stephenk

Senior Member
"I was running towards the end zone with another student , and I ran into the bench breaking my knee. "

How is the school or your town at fault?
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
"I was running towards the end zone with another student , and I ran into the bench breaking my knee. "

How is the school or your town at fault?

My response:

I'm sure that New Jersey has a similar case to our Knight vs. Jewett. The phys-ed teacher had the kids running on the turf, and by having the bench on the field, thereby increased the risk of injury beyond the normal risks involved in running. Then, combine that with our writer's minority at the time of the incident, and you have liability.

IAAL
 

rolex lover

Junior Member
stephenk said:
"I was running towards the end zone with another student , and I ran into the bench breaking my knee. "

How is the school or your town at fault?


the bench should have not been in the endzone, someone moved it and placed it there
 

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