7-year-old injured twice at school

[Fixit]

Hello,

I live in Sacramento, CA. About 6 months ago, my daughter fell on the playground and broke her elbow. She was in a cast for about 6 weeks. I understand that accidents happen and children will be children so I let it go and let myself and my health insurance pay for the injury.

Two days ago, my daughter was again injured at school, this time in the classroom. She fell while swinging from two desks (as in one arm on a desk to either side of her) and broke her two front teeth out and punctured her lip in four places. Obviously this brings up some serious questions as to what the teacher was doing at the time, and in a broader sense how concerned the school is for my child's safety.

My question is how liable is the school for my child's safety? Right now we don't know if my daughter will require reconstructive surgery for her teeth and face, but she might. I'm concerned for her saftey and her future and plan on seeing the principal tomorrow morning. I'd like to go armed with knowledge.

Thanks for any advice/help you can offer.What is the name of your state?

 

[Zigner]

Honestly - this sounds to me like your daughter getting a little out of control (before you get defensive - I know of which I speak x3)

Seriously, if the teacher is at his/her desk, and your daughter swings across the room, an incident such as this can occur before any teacher intervention could have a chance to take place.

 

[ceara19]

Honestly - this sounds to me like your daughter getting a little out of control (before you get defensive - I know of which I speak x3)

Seriously, if the teacher is at his/her desk, and your daughter swings across the room, an incident such as this can occur before any teacher intervention could have a chance to take place.

I agree. Neither incident really sounds out of line for an "active" child. I've got 2 and the youngest has hurt himself more then once doing stupid things that he KNEW could get him hurt.

 

[colourfastt]

I agree. Neither incident really sounds out of line for an "active" child. I've got 2 and the youngest has hurt himself more then once doing stupid things that he KNEW could get him hurt.

Fortunately I don't own any kids, however I have taught enough to know one 'golden rule of children': children are STUPID. They will do things that will hurt them, and usually before an adult can stop them. So, if you're going to have any expect them to get hurt OFTEN.

 

[Just Blue]

Fortunately I don't own any kids,

That's good! Cause it's not legal to own other people...

 

[Fixit]

Update

According to the verbal report on Friday, the teacher was filling out paperwork at her desk, my daughter was swinging from the desks right in front of her, while talking to her, for some time before she fell. This is corroborated by other students and my own daughter's testimony.

This morning, the teacher tried to change her story and tell me that it happened instantly, without any chance of stopping her, while my daughter was on the way to talk to a friend. Nothing about the new story is congruent with what I was told on Friday. I'm about to go to the principal and get a copy of the accident report to see which story they put on that.

I am, to say the least, now extremely suspicious.

 

[Silverplum]

According to the verbal report on Friday, the teacher was filling out paperwork at her desk, my daughter was swinging from the desks right in front of her, while talking to her, for some time before she fell. This is corroborated by other students and my own daughter's testimony.

This morning, the teacher tried to change her story and tell me that it happened instantly, without any chance of stopping her, while my daughter was on the way to talk to a friend. Nothing about the new story is congruent with what I was told on Friday. I'm about to go to the principal and get a copy of the accident report to see which story they put on that.

I am, to say the least, now extremely suspicious.

I'd say you're an idiot and so is your kid. Did you ever teach your monkey child that swinging around is a smart thing to do? Does she see a desk and think to herself, "I must swing from this desk!"??
Is the teacher Superwo/man?!?

 

[xylene]

Your daughters injuries are unfortunate.

FORTUNATLEY FOR THE TAXPAYER...

They are not the fault of the teacher or school.

Unless you want to tell me the teacher told her to do this, than the injury was the result of classroom horseplay.

No doubt your daughter is an active child... Indeed many children ACTIVELY seek danger and injury as a form of strong stimulation and attention.

Cracked teeth and a split lip is no biggy anyway. I mean you make it sound like the teacher was letting the kid play play hopscotch next to an abandoned mine shaft...

Perhaps you should place your child a more structured private school to aleviate your fears.

 

[Fixit]

I certainly appreciate such constructive criticism.

My child is not responsible for her own actions- she is a minor and a young one at that and needs direction, such as being told *not* to do things like swing from desks. In the case where she is in school, she should be under the responsible care of an adult that will enforce safety such as telling her to get down when she is performing dangerous activities such as this. If she were at home, she would have been told to stop immediately, not let continue until she hurt herself. I expect her teachers to do as I or my wife would do, ENFORCE HER SAFETY.

The school had not yet filed an accident report for this incident, directly contrary to district policy which states it must be filled out and filed immediately. The teacher stands by her altered story. The other teachers in the room at the time refuse to comment. Other students have confirmed what my daughter told me, she was allowed to swing, while talking directly to the teacher, for some time before she fell and injured herself. Someone is lying, and if the accident report reflects the lie, then it becomes a serious legal issue.

I have accrued over $400 in doctor and dentist bills because of this incident already, so please don't tell me it's not a big deal. Not only that, but it's likely her permanent tooth is also damaged and will requre dental surgery in the future.

I have contacted the Parent's Advocate for this school district who will represent us in this issue, advice which I had hoped to get from this forum. Instead I get told I am an idiot.

It's sad when there is so much knee-jerk favoratism toward our beleagured schools that any incident automatically becomes the parent's fault. I don't suppose anyone actually stopped to seriously consider there may be actual neglect involved?

Thought not. Good day.

 

[Zigner]

I don't suppose anyone actually stopped to seriously consider there may be actual neglect involved?

Thought not. Good day.

Actually, I absolutely did think about that - I would love nothing more than for the district to be held responsible. I, personally, have such a bad taste in my mouth about the public school system that I actually get red in the face talking about them.

With that said, based on the information you posted, I *still* don't think there was negligence on the part of the school/teacher.

 

[xylene]

My child is not responsible for her own actions- she is a minor and a young one at that and needs direction, such as being told *not* to do things like swing from desks. In the case where she is in school, she should be under the responsible care of an adult that will enforce safety such as telling her to get down when she is performing dangerous activities such as this. If she were at home, she would have been told to stop immediately, not let continue until she hurt herself.

You greatly exaggerate the danger and her injuries.

I expect her teachers to do as I or my wife would do, ENFORCE HER SAFETY.

Then your expectations are not harmonized with the schools REAL duties to your child. You are making an assumption of the schools culpability for injuries to your, and it is not based on legal reality.

The school had not yet filed an accident report for this incident, directly contrary to district policy which states it must be filled out and filed immediately.

This policy, like almost all school policies are not binding law, they exist for the schools benefit (not yours or your daughter)

The teacher stands by her altered story. The other teachers in the room at the time refuse to comment. Other students have confirmed what my daughter told me, she was allowed to swing, while talking directly to the teacher, for some time before she fell and injured herself. Someone is lying, and if the accident report reflects the lie, then it becomes a serious legal issue.

In reading your story it is unclear what the alteration is.

I have accrued over $400 in doctor and dentist bills because of this incident already, so please don't tell me it's not a big deal. Not only that, but it's likely her permanent tooth is also damaged and will requre dental surgery in the future.

OHHH permanent teeth....

In terms of the cost of a lawsuit - it is no big deal. Sorry 400 dollars is typically childhood med bills. In the course of youthful injuries I racked up thousands of dollars of uncovered injuries, most born of more eggergiously negligent conduct than a little childhood monkey horseplay

I have contacted the Parent's Advocate for this school district who will represent us in this issue, advice which I had hoped to get from this forum. Instead I get told I am an idiot.

Its great that your school has such a resource. You are very lucky. I did not call you an idiot, thats harsh. However the point is accurate that your daughter (and you) have the culpability of this injury.

It's sad when there is so much knee-jerk favoratism toward our beleagured schools that any incident automatically becomes the parent's fault. I don't suppose anyone actually stopped to seriously consider there may be actual neglect involved?

Thought not. Good day.

My concern is for the taxpayers who you seek to saddle with the cost of your daughters med bills.

Yes I considered your perspective, and NO You did not present anything like neglect or negligence on the part of the teacher.

Your daughter is accident prone. She is not the only one... (aka yours truly)

 

[Fixits Wife]

I know I'm just asking for punishment by adding my two cents, but some of these posts in here are just ludicrous. I realize that's a risk taken by getting free advice on the internet, but still.

I'd like to pre-empt this with the fact that we are NOT people who think "Oooh! Lawsuit! Yay!!" in this sue happy world lately I'm disgusted. People will sue anyone over anything it seems like. That's NOT what we're looking for.

Here are some facts left out by my husband.

1. My child is in a CH class. (Communicatively Handicapped class). They have 3 teachers for 12 students. This is a special needs class that ranges from my daughters problem (very light speech issues) to a child in there who cannot be left alone for one minute because he has speech issues as well as violent tendencies every once in awhile.

2. MY main problem with this whole issue isn't the injury perse (although I'm not quite happy with that, things happen, these ARE kids we're talking about) as to the fact that when I got there to pick her up on Friday, I was informed by the main teacher, that she had been swinging with her palms on two seperate desks, IN FRONT OF her for a little while she filled out paperwork. "A little" to me does not mean a few seconds. However, she then explained that my daughter fell forward and hurt her tooth. The call I received was "we think she might have chipped a permanent tooth."

Chipped a permanent tooth and coming to see my daughter with a curtain of blood in her mouth is TWO ENTIRELY different things. To me. But, whatever.. accidents still happen. I was not pleased with the fact that she'd been in that class with three teachers and not one of them would have told her to stop swinging like that. However, swinging isn't "that" bad, and whatever. She'd been doing it a bit, and was fine. Okay.

Here's what gets me.

I immediately left with my daughter after getting the brief explaination and took her to the doctors. (Mouth full of blood and my normally cheerful and talkative kid looking comatose. Not good.) Saturday goes by, the teacher had called my brother, not me, to ask how my daughter was. Okay.. .. then Monday comes, she calls me. I was asleep still so my husband answers the phone.

The story, which had been "she was swinging in front of me while I filled out paperwork" had thusly changed to "she was going to say goodbye to a friend in class, ran towards the door, swang on two desks and fell."

..... can you see where I'm a little perturbed? How did the story change from Friday to Monday? That raises ALL sorts of questions. I don't like sending my daughter to a school where they MIGHT be lying to me. If I can't trust them to tell me the gruesome truth ("yeah, I didn't tell her to stop.." makes me go "darnit, Please be careful" and leave it at that. Accidents happen. You Cannot predict these things.) then how can I trust them with the safety and life of my child? I already lost one, I refuse to lose another because they won't watch her.

To add some more background, I had to take my daughter to get her cast looked at in the middle of school. Brought her back to find them at recess with 60+ kids and only two teachers out there. There was a kid climbing on the pipes of the outside of the school building. He was halfway up before -I- went over to help him down. That rose another concern, but figured it was just one of those days.

... a broken arm and then the teeth thing? Now I'm getting paranoid. I'm not asking for the teacher to be a super hero and fly and catch my daughter before she falls, but rather not to let her swing like that perhaps? I don't let her swing on things at home, contrary to some people in this thread's beliefs.

Silverplum, grow up. Do you take your children to every possible place they could be in their lives and teach them what they can and cannot do? How does that possibly make us idiots for not knowing what our daughter does at school unless she gets injured and we have to come get her and find out?

Xylene, lest you forget, we're tax payers too. We're not looking to screw people, but we have a family to raise too, and if this is something that's going to continue when it could have possibly been prevented is something that concerns us. Although I still think Nerf should be involved in the building of schools and playgrounds.

Also, -not attacking, asking!!- your statement that schools are just supposed to teach our children and not worry about their safety, am I reading that right? Because if so I'm lost. I can't possibly be there every day of her school career to make sure she does Exactly what is supposed to. I DO expect the teachers to make sure she's not trying to be the next Evil Kenievil.. (sorry if I am misinterpreting!)

The alteration went from "she'd been swinging awhile and talking to the teacher" to "she ran, swang, then fell."

As for her being accident prone.. hee, she's not the most graceful, however, with 4 years of "school" under her belt (she's been going to speech therapy awhile and is almost ready for normal classes) it wasn't until this year and school that we've had injuries. (I am NOT claiming it can't happen, just emphasising concern.)

I will end now, just frustrated by some of the responses. Thank you for your time.

 

[stealth2]

As the parent of two, I can tell you what my reaction would have been. I'd have told my kid that I hoped she'd learned that swinging between desks wasn't a bright idea. This is how kids internalize what's dangerous and what isn't. That's a valuable lesson.

 

[Just Blue]

As the parent of two, I can tell you what my reaction would have been. I'd have told my kid that I hoped she'd learned that swinging between desks wasn't a bright idea. This is how kids internalize what's dangerous and what isn't. That's a valuable lesson.

I will ditto that!!

OP, While I sympathize with your frustration, this really doesn't seem to be the teachers fault. It was an accident.

 

[Fixit]

Perhaps it's my own fault for not being more clear on what sort of advice I was looking to obtain. I was not looking for culpability for a lawsuit action. I was looking to see how far the responsibility extends for the school system to protect my child from herself so that I could go into the meeting with her principal armed with what I needed to know. In this case, if the teacher was sitting there watching my daughter swing from the desks, I would have expected her to ask my daughter to stop. If she observed this but did not act appropriately, then she is due for disciplinary action because the safety of my daughter was comprimised by her inaction.

Disciplinary action was all I was interested in, so that in the future my daughter would be safe, because the teacher would (hopefully) learn to be less lax. I totally understand the cost of raising children. I simply don't want to be getting another call down the road in a few months telling me my daughter has been injured *again* because I just let two injuries go already.

Now, however, the story seems to have changed from "talking to the teacher while swinging from the desk" to "running through the classroom and momentarily swinging, thus making it impossible to act upon". The teacher is giving me a 'cover your ass' story and I certainly don't appreciate the lie. If it is going to extend through the accident report as well, then it does become a legal issue. And if this is how the school deals with problems like this, then they do need to be called on it.