Question:
My daughter was hurt at school. A desk fell on her foot and caused nerve damage. She has a cast on and it was caused by a broken desk that was pushed by a student that was having a verbal dispute with another student. The school failed to give me a call or report letting me know what happened. What can I do in regards to this situation
Answer:
As an experienced Delaware County Personal Injury Attorney, I have seen these types of cases. The first issue to consider is whether the school in question is a public or private school. If the school is private, you can presume under the normal mechanics of a tort action in either Pennsylvania or New Jersey. If your daughter attends a public school, the claim will be governed by the state’s applicable tort claims act. The tort claims act will limit the amount of recovery to a statutory cap. However, the potential recovery for the injuries you describe likely falls below the damages cap, so it should be of little concern. Of critical importance is the tort claims act’s notice requirement and procedural limitations. If the school is in Pennsylvania, you must file notice of intention to make a claim within six months of the accident. If in New Jersey, you must file the notice within ninety days of the accident. Failure to satisfy these notice requirements can and will bar your claim entirely.
Assuming the school is a public school and you meet the notice deadlines, the rest of the case will be governed via general negligence and property liability principals.
Was your child involved in a personal injury at school? Contact experienced Delaware County Personal Injury Attorney Patrick Gibson to guide you.
This legal question was provided by Avvo and answered by Patrick Gibson, an experienced Delaware County Personal Injury Attorney. This does not consent an attorney client relationship.