Son broke arm at school. Who pays?

[Vlad D Impeller]

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.

I could'nt have said it better, for those of you who cannot understand this, for whatever reason, whether it's due to their lack of knowledge of the kind of society in which we presently live, i say to you WAKE UP!

 

[thefairlaneman]

Re: Son broke arm at school. Who pays?

The OP said "kid was pushed down during recess" Well kids fall, trip ,get pushed.shoved etc etc etc during recess all the time. Its part of recess. Trying to prove he was attacked and injured on purpose cant be proven in court (unless you have video tape and credible (not other kids) people WHO SAW IT. There is no legal case here. All you can do is complain and the school system has attorneys to answer your questions and defend the school system 1000%.There is no way to make the parents pay if their kid said he didnt do it on purpose.

 

[Mn Warrior]

Re: Son broke arm at school. Who pays?

When I was still in school, I hit another kid while riding a bike and my parents homeowners insurance paid 100% of the bill. I would talk to the parents of the child who pushed your child. Also talk to any observers who may have seen it happen.

 

[jay_merrill]

Re: Son broke arm at school. Who pays?

Yup, he said pushed down - hard enough to break his son's arm. He also made it clear that his kid was minding his own business when the other kid pushed him down. Pushing someone down is an intentional act that is intended to make a person fall in a forceful way. It is not a trip, a slip, or some other unintentional and accidental circumstance - its a considered and aggressive act.

As for witnesses and kids giving statements, they do it all the time. There is nothing unusual about courts considering the testimony of minors.

 

[Pierutrus]

Re: Son broke arm at school. Who pays?

I just farted.....

My turn......

 

[Uraijit]

Re: Son broke arm at school. Who pays?

I'm gonna have to be one of the dissenters here. While it's not the school's fault, per se, they ARE responsible for the well-being and safety of your child. Many states REQUIRE that you put your child in a school system. Doesn't that mean that if you're forced to turn care and custody of your child over to someone else, for 8-10 hours out of the day, that that person is responsible for your child?

It's not about who's got the deepest pockets, it's about the fact that you've been forced to turn your child's well-being over to someone else, and they've failed to provide that well-being. This is really between the school, and the other child's parents to decide who's responsible. If the other parents refuse to accept responsibility, the school should send the kid, and the parents packing, and write it off as a cost of doing business.

If your car was taken from your care and custody (for whatever reason, "justified" or not), and put in an impound lot; if someone comes and busts the window out of it, who's responsible?

Primarily, it would be the guy who busted the windows, right? Well, a shared responsibility lies with the people who have taken responsibility for your vehicle. If it's damaged on their watch, then it's their responsibility, no?

You and your son ARE the victims here.

I hate frivolous law-suits as much as anybody else. But I also hate to see a little kid be pushed around, and injured, and then have his parents pushed around and told "suck it up, s**t happens."

This was not an accident. An accident implies that there was lack of intent...

 

[jay_merrill]

Re: Son broke arm at school. Who pays?

Actually, the car example is not a good one because of something called bailment, but we get your point.

 

[Plainsman]

Re: Son broke arm at school. Who pays?

That's right Plainsman. That is why we are faced with collectively providing you with health care, insuring your retirement, bailing you out when you take out an irresponsible home mortgage, etc, etc.

I guess you, along with KWB feel that the actual perpetrator has no responsibility here? I guess not, they might not have money to pay so you think it is just fine that the entity you choose to foist your child off on would be forced to bear the brunt of someone elses actions.

Another case in point for my first contention.

You don't provide me with anything pal, let's get that straight! I pay my own way pal.
Now the kid who pushed him, and we still don't know why he did that, is a perp? You need to get on some meds pal, quick.
I don't have any kids in school pal, so once again, your wrong. Stop your mind reading pal.
The school has insurance for this reason pal, **** happens and they better have their butts covered for when it does pal.

 

[Uraijit]

Re: Son broke arm at school. Who pays?

Actually, the car example is not a good one because of something called bailment, but we get your point.

I know what bailment is. The fact is, that the "thing" (in this case a child), has been put into care and custody of another. Whether the thing is a child, a car, a dog, or a wiffle ball bat, is irrelevent. When you take possession of something (even if hostilely, and under color of law), you become responsible for that thing, until you return it to the rightful owner. PERIOD.

 

[Pierutrus]

Re: Son broke arm at school. Who pays?

Guys, guys, easy now.........

I think jay said it best.

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.

That's why you have insurance in the first place.
Let THEM, sort it out.

 

[Uraijit]

Re: Son broke arm at school. Who pays?

You don't provide me with anything pal, let's get that straight! I pay my own way pal.
Now the kid who pushed him, and we still don't know why he did that, is a perp? You need to get on some meds pal, quick.
I don't have any kids in school pal, so once again, your wrong. Stop your mind reading pal.
The school has insurance for this reason pal, **** happens and they better have their butts covered for when it does pal.

Easy with the "pal"s, pal.

Yes, the kid who did the pushing is a "perp". Look it up. He done the deed. That makes him the perp. If we were talking legal proceedings, and reasonable doubt, all that... We'd be talking about the "suspect".

The fact is, that SOMEBODY pushed him down, so there IS a perp. Whether the suspect and the perpetrator are the same kid, remains to be seen...

[And the plot thickens]...

http://www.youtube.com/watch?v=-5uzJVkeaUI&feature=related

 

[WizeOne]

Re: Son broke arm at school. Who pays?

... Many states REQUIRE that you put your child in a school system. ...

Please name the states that 'force' you to send your children to a formal, institutional school.

 

[WizeOne]

Re: Son broke arm at school. Who pays?

....The school has insurance for this reason pal, **** happens and they better have their butts covered for when it does pal.

Guess you're wrong again Plainsman. His school has already stated that their insurance does not cover this kind of thing. I would think that a school, with as much liability exposure as it has, would have good legal advice as to what kinds of things it is liable for and what kind of insurance it needs to carry.

Just because you think that they should be liable does not make it so.

Oh, and btw, regretfully I am not your 'pal'!

 

[Limited-Time]

Re: Son broke arm at school. Who pays?

We're talking about kids..............kids.....here..............on a play ground and using terms like perp and suspect........................WTF has our society come to........................

 

[Uraijit]

Re: Son broke arm at school. Who pays?

Please name the states that 'force' you to send your children to a formal, institutional school.

Are you serious? Pretty much EVERY state requires it. Many states do not allow home-schooling either, though many still do. There are many who are hard at work to change that, though.

 

[captlee]

Re: Son broke arm at school. Who pays?

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.

Well put

 

[Uraijit]

Re: Son broke arm at school. Who pays?

We're talking about kids..............kids.....here..............on a play ground and using terms like perp and suspect........................WTF has our society come to........................

The "perp" is the "whodunnit". He perpetrated the incident. Just because you want to be politically correct, and avoid words that sound "bad", does not make their use incorrect, or improper.

Perpetrator is just a word to describe the individual responsible for whatever incident is being discussed.

What word would you like us to use to refer to the child who hurt the OP's child? "Naugty-Naughty-Boo-Boo-bad-bad"? Or how about "Meanie"? Perhaps "Stupid Head" or "Big Fat Pusher Kid".

We can call the kid who got hurt, the "Poopie-Head Fall-Down-Boy", and the witnesses the "Tattle Tales".

The "Meanie's" parents' defense when confronted with this, should be to call the OP "Liar Liar, Pants On Fire", and should follow up with a darn good wedgie.

Is that how this this discussion has to be carried out, or is it alright if we use big grown-up-adult words in our grown-up-adult discourses?

 

[thefairlaneman]

Re: Son broke arm at school. Who pays?

Let me ask a question.If a kid 10 to 15 years old sneaks a gun into a school and starts shooting people ,who is liable in a legal way for the damages and deaths?

 

[Uraijit]

Re: Son broke arm at school. Who pays?

The shooters, shooters' parents, and the school.

 

[Limited-Time]

Re: Son broke arm at school. Who pays?

The "perp" is the "whodunnit". He perpetrated the incident. Just because you want to be politically correct, and avoid words that sound "bad", does not make their use incorrect, or improper.

Perpetrator is just a word to describe the individual responsible for whatever incident is being discussed.

What word would you like us to use to refer to the child who hurt the OP's child? "Naugty-Naughty-Boo-Boo-bad-bad"? Or how about "Meanie"? Perhaps "Stupid Head" or "Big Fat Pusher Kid".

We can call the kid who got hurt, the "Poopie-Head Fall-Down-Boy", and the witnesses the "Tattle Tales".

The "Meanie's" parents' defense when confronted with this, should be to call the OP "Liar Liar, Pants On Fire", and should follow up with a darn good wedgie.

Is that how this this discussion has to be carried out, or is it alright if we use big grown-up-adult words in our grown-up-adult discourses?

OK sooooooooooooooooooo you missed the entire point of the of my post...................Their KIDS for Gods sake...........................they do childish foolish stupid things (by adult standards)...................................................... OK here's where any of you who HAVE NOT done some similar in their youth can chime in...................................................................................................................................................................... .
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.....That's what I thought......................................... Any how................. to attach criminal terms or intent to the actions of a CHILD is just ridicules.............