School Negligence?

[Hamon]

Hello, my son is in the the grade in Illinois.  He was playing baseball in PE at school.  He slid into the base and twisted his ankle.  It was causing some pain and he was limping on it.  He took his shoe off and noticed an odd shape, he reported it to his teacher and her response was "Put your shoe back on your fine".  The school never called me.  That afternoon he never showed up at home at the normal time I was expecting him.  Worried I left our house to go looking for him.  As I was driving down the road I noticed him trying to walk home, he was limping and I could tell he was in a lot of pain.  I asked him what was wrong and he told me the same thing I told you above and said he was waiting at the school for me to pick him up.  I told I didn't know he wanted me to pick him up, he said the school told him they were going to call me, but they never did.  So from about 1pm to close to 4pm my son walked on his broken foot and ankle, would this be considered negligence?  I am upset they didn't even bother to call and let me know he had been hurt.  Aside from that, they have never offered and said anything about a accident report.  

[Chadd]

Colleen,

I am sorry to hear about your son’s injury and hope he has a quick and full recovery. As a mother of three boys, I know the anxiety you can feel when they are injured. You want to know if you have a cause for legal action against the school district. I must first tell you that I practice law in New York and am not conversant with Illinois law. When in doubt, you should consult a local attorney.

In general, seeking compensation requires that you prove two points:

1.   That the school district acted negligently in not responding more aggressively in treating your son’s injury and in contacting you.

2.   That your son suffered injuries or other damage as a result of that negligence.

From your description, you understand that playing baseball carries certain risks nd your son’s injury appears to be one of those things that can happen in a ball game. The problem arises in the lack of action by the teachers and the school’s nursing and administrative staff. From what you describe, common sense would suggest that they did not take sufficient action.  Do not know what their policy and procedures call for in this type of case. Does that rise to the level of negligence? Perhaps. The trickier question concerns your son’s injuries. You say he twisted his ankle, later you say that he had a broken foot and broken ankle. Assuming that he did most or all of the damage when sliding into the base, the question you need to answer is what damages did he suffer because of the lack of an aggressive response at the school? If he merely twisted his ankle playing baseball, but walking on the weakened ankle led to a break, that would be serious damages.  If their delay caused some confusion and anxiety, that may not warrant compensation.

Here is what I suggest that you consider. If you think he suffered significant damage as a result of the delay in notifying you and treating the ankle, then you should consult a local personal injury attorney about the case. A good attorney will offer a free consultation and can provide guidance on how best to proceed.

If the additional damage was slight, then you may not want to pursue legal action. However, you do want the school to address their poor response. You might consider sending a letter to the principal or school superintendent describing the incident with your son, asking what the current policy and procedures are for handling a situation of this nature and asking that they investigate and report back with steps the school district will take to prevent a repeat of this incident. Your follow up and persistence will give you a sense of justice and satisfaction for protecting your son and may help students avoid a similar fiasco.

If you need help finding a local attorney, you can contact the Illinois Bar Association or send me an email([email protected] ) with your contact information, and I will do what I can to make a referral for you. I hope your son is doing well.

Carol L. Schlitt New York Personal Injury Attorney

www.SchlittLaw.comhttp://nylawthoughts.com  

1-800-660-1466

[email protected]

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.