NJ - 13 yr old breaks arm in gym class

[ralphp54]

New Jersey, My 13 year old son broke his arm playing touch football on a paved lot (school premises). The gym teacher was supposedly supervising the game. He had the ball, was running and was pushed from behind, instead of touched/tagged, and broke his arm attempting to break his fall. The school claims that they are not responsible. We had declined extra insurance protction that was offered during the beginning of the year. Do we (or the boy) have any legal recource for out of pocket medical expenses and/or damages? Is this worth persueing? Thanks!

 

[I AM ALWAYS LIABLE]

My response:

You or the boy have no claim.

The school, and it's employees, are protected by Governmental Immunity.

IAAL

 

[jennifertaylor1]

13 year old

well considering you got the 'exact' response I did.. I dont know if you have a attorney, but you should definetly get one, and let them tell you if you have a case.Alot of attorney offices will let you come in for a consultation, don't be discouraged if they tell you no, It seems to me in a case like this they don't want to stick thier necks out to far.. but there is always somebody that don't mind the work. so keep trying. Trust me I have the same thing going..Only my son is 6 And got 40 stitches in his face....

 

[Janrm]

I agree with Jennifer. What do you have to lose at a free consultation? And, you might actually receive some counsel that helps. Best wishes.

 

[LegalBeagle]

There is absolutely no case here..

'gym teacher was supposedly supervising the game'

Supposedly?? How could he have done better? Just because another kid touched him does not make the school or teacher liable.

 

[jennifertaylor1]

EVEN IF THERE WAS NO CASE, WHY NOT HAVE A FREE CONSULTATION? THAT DOESNT HURT ANYONE, IF ANYTHING IT COULD PUT THIER MIND AT EASE(PARENTS) AS FAR AS KNOWING THEY DID THIER BEST IN THE INTEREST OF THE CHILD. INSTEAD OF FOREVER WONDERING: WHAT IF I HAD ONLY TRIED?

 

[jennifertaylor1]

sorry, didnt realize i way yelling until after i posted ooops....i have a question if the attorneys in here have that little thing under thier messages saying this is not meant as legal advice....get attorney and all that (u get the point) then why does everyone get so mad when we don't always take the advice, or we question it..just curious

 

[Janrm]

Great question Jennifer! I agree with you. I am not an attorney, but the advice I was given was "no case"; however, guess what?! I had a case and I got my money!!!! Never say never is my motto!

 

[I AM ALWAYS LIABLE]

My response:

Did your case involve a Governmental Entity ?

IAAL

 

[Janrm]

No, but I am in the education field. I work for a govermental entity, and I am privy to a lot of people suing the government for a variety of reasons. Guess what, some of them win!

 

[jennifertaylor1]

so... ha
thank god not e-v-e-r-y-b-o-d-y is negative.