Jump to content
Chelo2

Public School Injury

7 posts in this topic

My daughter recently got injured in a staff vs student basketball after school in the gym.  A staff member came down on her during the game and she ended up with a severe concussion so much that a month later we are still seeing doctors and now a neurologist.  Can I sue the school?  The secondary issue is that I work for the same school district. Anyone have answers or been through something similar?

Share this post


Link to post
Share on other sites

There's a certain assumption of risk when playing school sports so it's going to be difficult to prove that the school is responsible due to somebody's negligence.

 

However, never hurts to consult a personal injury attorney and review your options.

 

If you are concerned that filing a claim will jeopardize your job I guess you'll have to decide what is more important, your daughter or your job.

Share this post


Link to post
Share on other sites
16 hours ago, Chelo2 said:

My daughter recently got injured in a staff vs student basketball after school in the gym.

 

How old is your child?  Does she attend a private or public school?  How long ago did the injury occur?

 

 

17 hours ago, Chelo2 said:

Can I sue the school?

 

Anyone can sue anyone for anything, but I doubt that's really what you intended to ask.

 

I suspect your real question is whether you have any chance of suing successfully.  The answer to that question depends in part on the information I asked about above.

 

 

17 hours ago, Chelo2 said:

The secondary issue is that I work for the same school district.

 

Not sure what issue you think is raised by this fact.

Share this post


Link to post
Share on other sites

Since you mention "district" it sounds like this is a public school. As such, you chances of suing this teacher personally are basically nil, as she was acting in her capacity as an employee when the accident happened. It also sounds like it was just that; an accident. Suing the school/district is equally unlikely. Did you file a liability claim? Most every (dare I say every) district carries liability insurance for these kinds of incidents.

Share this post


Link to post
Share on other sites
2 hours ago, ElleMD said:

you chances of suing this teacher personally are basically nil, as she was acting in her capacity as an employee when the accident happened.

 

That doesn't make any sense.  The teacher is liable for his or her own negligence regardless of whether he or she was acting in his/her capacity as an employee of the school.  If, in fact, the teacher was acting in his/her capacity as an employee (a conclusion that isn't at all compelled by the facts given), that only means that the school (as the employer) may be vicariously liable (something which applies in both the public and private school context).  It does not mean that the employee is exempt from liability (although the employer would be obligated to defend and indemnify the teacher).  The real issue here is the assumption of risk issue.

Share this post


Link to post
Share on other sites
33 minutes ago, ElleMD said:

Employees of school systems are typically covered by local tort claims acts. Here is a starting point for CA https://sacramentopress.com/2014/03/31/everyday-law-claims-against-the-government/

 

I'm not sure what the first sentence means ("covered by local tort claims acts").  California's law concerning claims against public entities (Government Code section 900, et seq.) may very well apply if the OP wants to sue the school, but it has nothing at all to do with the "chances of suing this teacher personally . . . [because he or] she was [or may have been] acting in [his or] her capacity as an employee when the accident happened."

 

The only protection the teacher would have would be under section 2802(a) of the Labor Code ("An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.").

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×