Son injured kid at school, are we liable?

[3junebugs]

What is the name of your state (only U.S. law)? MD

My son is 11 and in 6th grade. Last month he was waiting in the lunch line and was ended up tussling with a kid that was trying to get in front of him. From what my son says, he was in line, the kid started pushing him from behind to move forward. When my son didn't move , the other kid attempted to get around him, my son says he "stuck his foot out to stop him" and the kid tripped. As a result, the kid broke a bone in his elbow.

My son received a one day in house suspension and said from day one - that he didn't intend to hurt him, just didn't want him cutting in line. When I asked who was supervising the kids, he said no one. That kids line up early from lunch recess (boys have recess before lunch) so that they can get their food first and have more time to eat and that no adult is there.

So now the school is asking if they can give the injured kid's mom our info for help with the medical bills. Before doing that I want to know if we are even liable for an injury on school property. We are not in the financial position to help. But we also sympathize because this parent , if she is asking for help, is probably in a similar situation. I just got the impression that the school is trying to have the parents work it out and the school not have to be responsible at all.

Is this something the school should be responsible for? Or does it come down to the parents?

Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? MD

My son is 11 and in 6th grade. Last month he was waiting in the lunch line and was ended up tussling with a kid that was trying to get in front of him. From what my son says, he was in line, the kid started pushing him from behind to move forward. When my son didn't move , the other kid attempted to get around him, my son says he "stuck his foot out to stop him" and the kid tripped. As a result, the kid broke a bone in his elbow.

My son received a one day in house suspension and said from day one - that he didn't intend to hurt him, just didn't want him cutting in line. When I asked who was supervising the kids, he said no one. That kids line up early from lunch recess (boys have recess before lunch) so that they can get their food first and have more time to eat and that no adult is there.

So now the school is asking if they can give the injured kid's mom our info for help with the medical bills. Before doing that I want to know if we are even liable for an injury on school property. We are not in the financial position to help. But we also sympathize because this parent , if she is asking for help, is probably in a similar situation. I just got the impression that the school is trying to have the parents work it out and the school not have to be responsible at all.

Is this something the school should be responsible for? Or does it come down to the parents?

Thanks

The school is NOT at fault for your son intentionally tripping another child.
Your son is liable. You *may* hold some liability for the criminal act of the child.

 

[3junebugs]

The school is NOT at fault for your son intentionally tripping another child.
Your son is liable. You *may* hold some liability for the criminal act of the child.

I understand that if he did it intentionally, then we're liable. My other part of the question is does that change if no adult was supervising the children at the time of the incident? Or is it moot because the kids were misbehaving?

 

[csi7]

The school is responsible for providing supervision of children in all areas of the school grounds.
The school is responsible for the injury of the student on school grounds.

 

[ecmst12]

I doubt that the school would be found liable for a child fighting with another child.

 

[justalayman]

3junebugs;2662123]I understand that if he did it intentionally, then we're liable

.then accept liability. Your son intentionally tripped the child. It matters not if the injury resulting from the intentional tripping was the intent or not. It is simply the results of your childs intentional improper action towards the other kid that was the cause of the injury.

My other part of the question is does that change if no adult was supervising the children at the time of the incident?

Or is it moot because the kids were misbehaving?

the kids were misbehaving? That wasn't simple "misbehaving". That is an intentional act on the part of your child to trip the other child. If he had simply resisted the intrusion; maybe he would have some argument but your sons actions were not in line with the force presented.

csi7;2662125]
The school is responsible for the injury of the student on school grounds.

the school is not responsible (culpable) unless something the school did do, that they shouldn't have or didn't do something they should have, caused the injury. While supervision is required, it cannot be expected that a supervisor can see and prevent everything all the time.

then, the school is not culpable for the intentional act of one child injuring another unless they were aware of some very specific action that would result in the child being injured and failed to act. In this situation, I do not believe their is culpability on the part of the school.

then, liability is generally determined by culpability but there are situation where liability can be placed for other reasons.

so, unless the state law requires the school to be liable for all injuries of students on school grounds during normal school time, the school is not liable for the costs. The students intentional action is the cause of the injury, not anything the school did or had control of.

Offhand, I do not know if MD laws require such.

 

[Zigner]

The school is responsible for providing supervision of children in all areas of the school grounds.

The phrase you're looking for is APPROPRIATE supervision.

The school is responsible for the injury of the student on school grounds.

Absolutely WRONG.

 

[3junebugs]

.then accept liability. Your son intentionally tripped the child. It matters not if the injury resulting from the intentional tripping was the intent or not. It is simply the results of your childs intentional improper action towards the other kid that was the cause of the injury.

My other part of the question is does that change if no adult was supervising the children at the time of the incident? the kids were misbehaving? That wasn't simple "misbehaving". That is an intentional act on the part of your child to trip the other child. If he had simply resisted the intrusion; maybe he would have some argument but your sons actions were not in line with the force presented.

the school is not responsible (culpable) unless something the school did do, that they shouldn't have or didn't do something they should have, caused the injury. While supervision is required, it cannot be expected that a supervisor can see and prevent everything all the time.

then, the school is not culpable for the intentional act of one child injuring another unless they were aware of some very specific action that would result in the child being injured and failed to act. In this situation, I do not believe their is culpability on the part of the school.

then, liability is generally determined by culpability but there are situation where liability can be placed for other reasons.

so, unless the state law requires the school to be liable for all injuries of students on school grounds during normal school time, the school is not liable for the costs. The students intentional action is the cause of the injury, not anything the school did or had control of.

Offhand, I do not know if MD laws require such.

Thank you ...

 

[davidmcbeth3]

What is the name of your state (only U.S. law)? MD

My son is 11 and in 6th grade. Last month he was waiting in the lunch line and was ended up tussling with a kid that was trying to get in front of him. From what my son says, he was in line, the kid started pushing him from behind to move forward. When my son didn't move , the other kid attempted to get around him, my son says he "stuck his foot out to stop him" and the kid tripped. As a result, the kid broke a bone in his elbow.

My son received a one day in house suspension and said from day one - that he didn't intend to hurt him, just didn't want him cutting in line. When I asked who was supervising the kids, he said no one. That kids line up early from lunch recess (boys have recess before lunch) so that they can get their food first and have more time to eat and that no adult is there.

So now the school is asking if they can give the injured kid's mom our info for help with the medical bills. Before doing that I want to know if we are even liable for an injury on school property. We are not in the financial position to help. But we also sympathize because this parent , if she is asking for help, is probably in a similar situation. I just got the impression that the school is trying to have the parents work it out and the school not have to be responsible at all.

Is this something the school should be responsible for? Or does it come down to the parents?

Thanks

You need to STOP talking to other people about this, especially possible parties to a civil suit. Do not answer or talk to the other potential parties. I think that your kid is responsible, not you, but if you keep on talking about it to the school, other parents, guys on the street who know you, you may find that even though "you cannot afford it" you will be found guilty. And do you expect people to lie under oath for you because they like you "oh, principle Joe wont say anything because he likes me" is a dream. Do not do or say anything ... if you are served with a complaint then go see an attny.