Son broke arm at school. Who pays?

[WizeOne]

Re: Son broke arm at school. Who pays?

"great babysitter" ? Where are they suppose to get an education?

I guess by your reckoning by anyone who you would choose to take responsibility for your childs' encounter with life's uncertainty.

I chose to elimanate all the variables and home schooled my children. Is this not an option for you?

Both my daughter and my son had their AA degrees by the time they would have graduated (High School) from the institutions that you would have take responsibility for yours, both academically and physically.

 

[Limited-Time]

Re: Son broke arm at school. Who pays?

Your parents? For your child? The delusion continues!

WizeOne.............I think you missed zach 103's original post......................................zach103 " my brother ripped his his muscle off his bone while playing basketball in gym class.. ill ask and find out who had to pay than ill tell you what hapened"

 

[ne7800]

Re: Son broke arm at school. Who pays?

Here in Michigan the school is not resposible for ingeries to the studends on school property or durring any school function they offer accident insurance that you can buy for you child for just this sort of thing if you decide not to buy it then it is all on you

 

[captlee]

Re: Son broke arm at school. Who pays?

Sorry to hear about your son. Different states have different laws. I understand what youre saying and can identify. Im in NY and the schools here carry insurance and are liable for what my insurance doesnt cover.

This past Feb my daughter who is 18 was attacked from behind by another student age 17. He dropped kicked her in the shoulder and punched her in the back of the head on the way down. Since it was an "assault" not an accident the police were called. Charges were filed but only for harrassment since nothing was broken. If she had a broken bone they would have filed assault charges. This kid has had a previous charge for the same thing and had threatend her the day before (the school ignored it).

The kid got a years probation (if he screws up again within a year he serves 15 days) and a bunch of community service. My daughter spent 6 months in physical therapy 3 times a week and this still may become an issue again in the future. When I first asked the school about insurance they sort of danced around the issue of thier insurance. My insurance covered 0% of the injury since it happened on school property. It took a bunch of phone calls and paperwork but they finally began to pay her medical bills.

I ate the expense of taking her to physical therapy, Im her father, thats my job (or so they tell me it is hehe). I had considered suing for pain and suffering, travel expenses, negligence on the schools behalf, blah, blah, blah but whats that going to mean? more stress and aggrivation for her and me? more court dates and statements? It didnt cost me anything out of my pocket except about 3-400 in gas. She was OK with just letting it go and moving on. If she has problems in the future we'll deal with it then. If he comes near her again Ill take him 'shark fishing' LOL (thats just a joke, in case something were to happen... i dont wanna be sued or accused of anyting LOL)

As suggested in a few other replies let your insurance deal with it. Help in any way you can but dont get stressed out and crazy over it, let them do what they have to do, they know how. Good luck and best wishes to your son for a speedy recovery.

 

[zach103]

Re: Son broke arm at school. Who pays?

im only 19 lol.. no kids yet..

 

[zach103]

Re: Son broke arm at school. Who pays?

ill fix my posts right here..

when my brother was in high school he was playing basketball came down the wrong way tore some tendons and what not in his leg. enough for crutches.. so i guess my families insurance paid for the bills and what not.. my mom said if our insurance didn't pay than they would go to the schools insurance.. sorry for the confusion

 

[captlee]

Re: Son broke arm at school. Who pays?

im only 19 lol.. no kids yet..

Im calling my attorney to see if I can sue Zach for not having any kids, and if not him then maybe I can sue his high school?

 

[jay_merrill]

Re: Son broke arm at school. Who pays?

Assuming that the facts are as you stated, and I have no reason to think that they are not, this isn't an accident. If your child was attacked without provocation on his part, its pretty much a slam dunk - the school is responsible, and so are the parents of the child who pushed your son down.

Some folks might not like this but it is what it is. The school has a responsibility to supervise children in their care and parents are responsible for the acts of their children. This isn't a playground accident, and if it were, I would agree with the majority here - it would then be a case of "stuff happens, deal with it." That said, your son was assaulted and it doesn't matter if it was a kid that did it, or that schoolyard bullies appeared about two seconds after schoolyards did. As for the school, sure I feel a certain amount of sympathy for them, because its darn hard to prevent every single situation such as this, but just as some think things happen in life, its just life for the school. Stuff happens here too - they are supposed to prevent fights and such, they didn't prevent this event for whatever reason, and now they will have to pony up for some medical bills if the parent won't or can't.

I know I'll be unpopular around here for this comment, and I do agree that lawsuits have gotten out of hand in general, but some of the masses have also been conditioned to think that a lawsuit is never valid. I don't think you need to go right out and sue someone, but I would discuss liability with my insurance company, as a start. My guess is that your insurer will take care of the bills and then go after the school and the parents - the process by which this happens is called subrogation and it occurs routinely in situations like this

 

[DJ]

Re: Son broke arm at school. Who pays?

Ahhh. The American way, post legalezed. Anything to transfer responsibility.

Move on. It was part of lifes lessons. Unfortuneately somebody got hurt.

For Pete's sake, If I had a dollar for every time I got hurt, (my fault, or not) I wouldn't be on this board.

I'd own an island.

 

[achris]

Re: Son broke arm at school. Who pays?

Ahhh. The American way, post legalezed. Anything to transfer responsibility.

Move on. It was part of lifes lessons. Unfortuneately somebody got hurt.

For Pete's sake, If I had a dollar for every time I got hurt, (my fault, or not) I wouldn't be on this board.

I'd own an island.

Hallah looyah!!! At last, someone with the balls to say what we are all thinking....

Put the kids' arm in a sling and get on with your life... So, you're out of pocket a few dollars... It's called 'being a parent'... Stop trying to blame someone else.

Life is a risk... most of us accept that... and get on with moving onto the next 'adventure'. I think I broke more bones than the human body has when I was a kid. My parents didn't go around looking to make someone else pay.... it's just life... Don't like it... easy, take the next coffin out of here.

Chris............

 

[jay_merrill]

Re: Son broke arm at school. Who pays?

I'll just put it this way - watch what his insurance company does. Trust me when I tell you that they are not going to eat five to ten thousand dollars in medical bills.

 

[KeyWestBoater]

Re: Son broke arm at school. Who pays?

Sad that you are confused on this issue. It certainly plays right into the hands of the legal crowd who knew that they could convince the gullible and establish 'deep pockets tort laws' by playing the 'fairness' game.

Using your logic, if the same thing happened to your son while playing in a neighbors yard (by a child not of the neighbor), you would feel the neighbor to be responsible

You keep mentioning about going after "deep pockets" for some reason. I said in an earlier post that I am not looking to sue anybody and have decided to leave the school out of it. I will talk to (NOT sue) the parents to see if they will cover some of the MEDICAL expenses. I repeat, I am NOT suing anyone.

Your other comment is illogical. I would not expect my neighbor to be responsible if the same thing occured in his yard. The school is responsible for providing a safe environment for the children under their care while my neighbor is not.

Furthermore, enough of your conspiracy talk about societies propensity toward being lawsuit happy since I have never said I was getting a lawyer or suing anybody. While I agree that there have been plenty of senseless lawsuits filed that certainly doesn't apply here!

 

[TBarCYa]

Re: Son broke arm at school. Who pays?

If only McDonalds had not paid that lady millions for spilling coffee on herself, we would not be having this conversation.

This is just another symptom of how liberal America is becoming. Once upon a time, people took responsibility for their actions and the actions of their children but now the 'American way' is to transfer responsibility to the first person you see and let institutions raise our children. I'm sorry that your child was injured but I agree with the majority here that the school is not to blame. By your description of the events, it sounds like the other child is at fault and the parents need to take responsibility for his actions, not the school.

In second grade, my son came home one day telling me that a kid in his class was bullying him. After dealing with the principal and the other parents to get it to stop I found out that there never was any bullying. I don't know how old your son is but a child's perception is often much different than that of the actual facts so please keep this in mind when persuing to transfer responsibility to the other child's parents.

 

[Limited-Time]

Re: Son broke arm at school. Who pays?

KWB..............good post^^^^^^ Please let us know the final outcome...both your sons recovery, and the other parties response.....again hope your son heals well, and this is just a bump in the road to adulthood.

 

[godfather318]

Re: Son broke arm at school. Who pays?

After reading this thread I just couldn't ignore it without leaving a response. The people talking sueing are just crazy, the guy never even mentioned he wanted to sue. Also the ones saying the schol is not at fault are just foling themselves. From what I have read is this is a private school and one kid came and pushed his kid to the ground resulting in his arm getting broke.

I for one see the school as being 100% at fault and liable for the resulting action. the reasons I say this are as folllows, the school takes responsibility for our children the moment they step foot through the doors of the school til they are dismissed from the school, this also means if they ride a bus, until it reaches the bus stop. Also during a recess or in class, the children are ALWAYS being supervised buy adults, therefore in this case the supervision of the play ground was lacking and resulted in a serious injury to a child. Even though the kid who caused this accident is at fault the school is still ultimatley at fault because they are the ones responsible for the saftey and well being of our kids while under their care.

I'm sorry but I'm with the original poster here, because saying it's just a broken bone and accidents happen is just plain stupid. We all carry care insurence but if someone hits you and is there fault do you epect them to pay or do you take it on yourself and have your insurence pay saying oh well accidents happen, I think not you go after the insurence of the person at fault.

 

[Haut Medoc]

Re: Son broke arm at school. Who pays?

I just farted.....

 

[jay_merrill]

Re: Son broke arm at school. Who pays?

My opinion is that there are some folks here who are kidding themselves. Run of the mill accidents and intentional acts of violence are not the same thing, even when committed by children. Its actually very nice that the OP isn't going to go the legal route directly, but that doesn't change the reality of the situation.

BTW, the business about the situation being different in someone's backyard, as opposed to being at school, is a pipe dream. The parents of the aggressor are legally responsible for the acts of their child either way. The only difference between the two situations is the addition of a responsible party - namely, the school.

I think what amazes the most about these opinions is the faulty logic involved. It isn't about too many lawsuits in this case - its about parents who won't step up and do the right thing. In my world, if your kid agressively and purposely attacks mine and breaks his arm, I expect you to man-up and pay whatever bills the insurance won't pay. From there, the insurance companies (yours and mine) can fight about who's going to pay what. I'm not interested in whining about too many lawyers and all the rest of it. If you don't like lawyers, don't make me hire one to make you do the right thing.

 

[BF]

Re: Son broke arm at school. Who pays?

If only McDonalds had not paid that lady millions for spilling coffee on herself, we would not be having this conversation.

A bit off topic, but... I had a conversation with a friend not long ago who was complaining about what a generally lousy job reporters do. He used the McDonalds coffee thing as an example. It turns out that he had read an analysis of that case and said that there were so many factors that were never reported and once he read all the facts, it actually did not look outrageous. It had to do with several previous complaints about their coffee temp being too high, and part of a previous court case in which McD's agreed to lower the temp of their coffee to some specific temperature. They then slowly (over weeks or months?) ramped up the temp back to what it was. Part of the reason for the "big settlement" case was that the judge was sending a message to McD's that basically they ignored the previous ruling/agreement. Kind of a contempt of court thing. He also said they outlined where all the settlement went to, and surprise surprise, the woman ended up with $100-200K or something like that, not all the millions that were the headlines.

When there is some story that I know the details of that gets in the news, I'm always amazed at how much that gets reported is either outright wrong, or has the most important points glossed over. One channel can have their story about the poor young man who was a victim of senseless violent crime, the other channel has the "victim's" mugshot and mentions his longstanding gang connections.

 

[Tacklewasher]

Re: Son broke arm at school. Who pays?

One other point to what BF wrote.

It was a class action, so there were numerous injured parties, not just one women.

But BF is entirely correct. The McDonalds case is a prime example of the pathetic reporting that goes on. The media blatantly ignored the reality of the case and created a story to sell papers.

What's worse is when the headlines for a story have no bearing on the actual story.

Somehow the media has to be held accountable for their idiocy.

Back to the actual thread topic.....

 

[WizeOne]

Re: Son broke arm at school. Who pays?

You keep mentioning about going after "deep pockets" for some reason. I said in an earlier post that I am not looking to sue anybody and have decided to leave the school out of it. I will talk to (NOT sue) the parents to see if they will cover some of the MEDICAL expenses. I repeat, I am NOT suing anyone.

Your other comment is illogical. I would not expect my neighbor to be responsible if the same thing occured in his yard. The school is responsible for providing a safe environment for the children under their care while my neighbor is not.

Furthermore, enough of your conspiracy talk about societies propensity toward being lawsuit happy since I have never said I was getting a lawyer or suing anybody. While I agree that there have been plenty of senseless lawsuits filed that certainly doesn't apply here!

It is immaterial that you do not intend to sue and nothing I have said claims that you intend to. That being said, you have made it plain that you feel that the school should be liable.

I simply viewed this as a discussion of principal and I stand by my opinions and analogies.