Son Concussed In Masonry Class- Pennsylvania

[Nick66]

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

Hello, I'll try and make this quick and to the point.
About two weeks ago while our 15 year old son was in masonry class, they were using a sledgehammer to break up an area of cement in the school's back parking lot to learn how to do cement work. They would break a small amount up with the sledgehammer then they were to put the broken up pieces in a wheelbarrow to discard. Our son was shoveling pieces up around the wheelbarrow, in the meantime one of the students decided to toss a piece of cement towards it, and of course missed, hit our son in the temple with a piece of cement, and concussed him. He did black out for a short time. We then had to take him to the ER for evaluation and head scan. We also have had to take him to a neurologist twice now.

Our main problem with this is the school not requiring them wear hardhats while doing any type of work. They have now changed policy and will have to wear hardhats, which they never previous to this injury.

What is your advice to us and do you think legal action is needed against this school for negligence and also future medical bills? This was a serious head injury that caused a concussion. Thank you.

 

[ecmst12]

Have you discussed the bills with the school? Legal action should not be your first thought.

 

[quincy]

You and your son probably had to sign a "liability" form before he could take the masonry class. And I imagine there were class rules on safety that are posted in the classroom and discussed by the teacher with the class. These safety rules may have even been outlined in the form sent home with your son for your signature.

I would think that the teacher talked to the students about placing the broken cement into wheelbarrows rather than throwing it, but I would also think that, from a safety standpoint, both goggles and helmets would have been supplied as standard attire for the work.

I agree with ecmst12 that legal action should not be the first thing considered. There is a lot to consider.

I would speak with the school and see what they are willing and/or able to do about the medical expenses incurred as a result of the accident. Accepting any liability for the accident might be something the school is reluctant to do (perhaps on the advice of their legal counsel). If this is the case, then it might be appropriate to speak with an attorney in your area. The attorney can personally check into the level of safety and supervision in the masonry class, and the attorney can personally look over any forms or releases signed by you prior to your son taking the class. This can lead to a better understanding of whether the school could be held responsible for the injury suffered by your son or whether, instead, responsibility might fall solely on the student who threw the cement (or his parents).

 

[LeeHarveyBlotto]

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

Hello, I'll try and make this quick and to the point.
About two weeks ago while our 15 year old son was in masonry class, they were using a sledgehammer to break up an area of cement in the school's back parking lot to learn how to do cement work. They would break a small amount up with the sledgehammer then they were to put the broken up pieces in a wheelbarrow to discard. Our son was shoveling pieces up around the wheelbarrow, in the meantime one of the students decided to toss a piece of cement towards it, and of course missed, hit our son in the temple with a piece of cement, and concussed him. He did black out for a short time. We then had to take him to the ER for evaluation and head scan. We also have had to take him to a neurologist twice now.

Our main problem with this is the school not requiring them wear hardhats while doing any type of work. They have now changed policy and will have to wear hardhats, which they never previous to this injury.

What is your advice to us and do you think legal action is needed against this school for negligence and also future medical bills? This was a serious head injury that caused a concussion. Thank you.

Were hardhats forbidden?

 

[Nick66]

Were hardhats forbidden?

They just don't require the students to wear them, which to us, and many people in the field, find it extremely hard to understand why they don't.

 

[LeeHarveyBlotto]

They just don't require the students to wear them, which to us, and many people in the field, find it extremely hard to understand why they don't.

If you felt it dangerous, why didn't you make your son wear one, without regard to what the school did or did not require?

 

[quincy]

They just don't require the students to wear them, which to us, and many people in the field, find it extremely hard to understand why they don't.

You never mentioned what sort of release forms you needed to sign before your son was able to take the masonry classes. What you agreed to by way of signing the release is important.

The Pennsylvania schools start each of their masonry classes with basic safety instruction. One rule common to all is "No Throwing," so the student who threw the cement was violating one of the safety rules. Generally this leads to detention. If an injury occurs as a result of the violation, the student (or his parents) could potentially be held liable.

Some schools send students home with a list of items to purchase for the class. Generally, hard hats (and safety glasses) can be purchased by the student, or hard hats (and safety glasses) can be rented from the school for minimal cost. All hard hats must be American National Standard Institute (ANSI) approved.

I did not see where WEARING the hard hats was REQUIRED, but, like you, I would think the classes should require the wearing of them when the activity scheduled dictates. That said, I am not sure that, had the other student obeyed the rules of the class, a hard hat would have been necessary for the breaking of cement. It seems like it would be but I don't know.

Again, I recommend you read over all forms that you signed for your son to be able to take the masonry classes. At the very least, a release of liability form would mitigate any damages that the school might be held liable for, if the signed form does not release them entirely.

You might want to consult with an attorney in your area of Pennsylvania for a review of the forms you signed, the rules and regulations of the class, and the type of supervision provided the students when working. There are a few reasons why I think there is a possibility of shared liability between the school and the student who threw the cement - one reason for the school is that they have since changed their requirement on the wearing of the hard hats and one reason for the student is that he violated a school safety rule - but a personal review of all facts is necessary.

I hope your son has recovered completely from the injury.

Good luck.

 

[ecmst12]

My personal feeling is that suing a public school, especially one that your child attends, is like suing yourself.

 

[justalayman]

while QQincy makes some important points about the offending student or the offending students parents bearing liability, I believe the school may bear some liability as well if they were negligent in how they operated the class/ If the instructor turned a blind eye to such disallowed behaviors with any regularity I believe it would show negligence. Waivers are generally not effective against the protected party's negligence.

Especially if the instructor was aware that this particular situation was getting out of hand and did nothing to prevent this accident, I think it might go even a step above general negligence.


I believe a failure to require the students to wear the hardhats may also lead to a finding of negligence. I can assure you in the construction industry, the employers are very sensitive to insurance costs and one way they attempt to keep them down is to require employees use personal protective equipment (PPE) anytime the condition requires it. Many of them have simply enacted policies that PPE including hardhats, eye protection, and in some cases even gloves 100% of the time. If the insurance companies offer reduced premiums of those conditions are met, you can bet that not being required to wear them will result in some finding of negligence as it has been proven that the risk of injury is so great that anything less than wearing PPE 100% of the time is a known risk of injury.

 

[Nick66]

If you felt it dangerous, why didn't you make your son wear one, without regard to what the school did or did not require?

LOL, because you would think common sense would tell you that even when you are being trained, especially high school students, you should be taking every safety precaution that you would just like being on the job. Are we crazy for thinking this? I wonder what OSHA would think about this?

Quincy, and others, thank you very much for your insight. My wife and I appreciate it.

 

[quincy]

LOL, because you would think common sense would tell you that even when you are being trained, especially high school students, you should be taking every safety precaution that you would just like being on the job. Are we crazy for thinking this? I wonder what OSHA would think about this?

Quincy, and others, thank you very much for your insight. My wife and I appreciate it.

It would be nice to hear how this all plays out for you, Nick66, if you have the opportunity to post back later.

We all thank you for the thanks.

Good luck.

 

[LeeHarveyBlotto]

LOL, because you would think common sense would tell you that even when you are being trained, especially high school students, you should be taking every safety precaution that you would just like being on the job. Are we crazy for thinking this?

Not at all. The child's caretakers fell down on their responsibility.

ALL of the child's caretakers.

 

[Nick66]

Not at all. The child's caretakers fell down on their responsibility.

ALL of the child's caretakers.

I disagree, but I know, only your thoughts matter.

 

[LeeHarveyBlotto]

YOU could have insisted at any point that junior wear a hardhat. YOU are your child's primary caretaker, 24x7. YOU screwed up every bit as much as the school. Own it.

 

[Nick66]

YOU could have insisted at any point that junior wear a hardhat. YOU are your child's primary caretaker, 24x7. YOU screwed up every bit as much as the school. Own it.

Please don't refer to my 15 year son like that.