Son Required 4 Staples While In School

[Tormaigh]

My son was in gym class and was told to sit on the bleachers with the other students.  When he got up he hit his head on the backboard of a basketball board and required 4 staples in his head.

My son told me that while he was in the nurses office the principal came in and asked my son if the PE teacher told them not sit near the basketball hoop.  My son said "No, he just told us not to play with the nets".

You see, the PE teacher never raised the basketball hoops, so they were at level with the kids heads that were sitting on the bleachers.

Everyone is asking me if I should peruse this, now I am wondering if I should and would it be worth it or not?

[Finleigh]

Kerri,

I am sorry to hear about your son’s injury and hope that he recovers fully and quickly. Here is some good news:  with three boys of my own, I imagine that your son will recover. Soon enough, the pain will be but a distant memory yet the size of the cut and the number of stitches will grow with every passing year and every time he tells the story.

Let me address your legal options. You could consider seeking compensation for your son’s pain and suffering. To do so, you would need to prove that the negligence of the school and its staff caused your son’s injury.  You would also need to prove that your son’s injury was worth of compensation.

From your description, you might be able to prove negligence on the school’s part. If the teacher failed to raise the baskets, that could constitute negligence. However, there are many factors involved that would require investigation such as understanding the school's policy and procedures regarding the raising of the baskets, whether the baskets are left at the lower height at other times and what liability your son might bear for not avoiding the incident.

The damages would depend upon the extent of your son’s injury and the nature and extent of his recovery.  If he only had the four staples and no permanent limitations, then he might have very limited damages.

If you are interested in pursuing this matter, you should consult a local personal injury attorney. If you need a referral, you can consult with the local Bar Association.  Personal injury attorney should offer a free consultation and could help you determine the best way to proceed.

In considering the benefits of pursuing a lawsuit, you may also consider the implications of suing your son’s school and school district. Remember that you and your son will be involved with these schools for many years. If the incident had limited lasting damage and limited dollar value in terms of compensation, you may want to consider the cost you may pay to win compensation in terms of relations with the school district.  This is not to say that no one should ever sue their school district, but one needs to consider the side effects of such a suit and make sure the potential benefits of a lawsuit outweigh any negative side effects.

Instead of filing a lawsuit, you could write a letter to the Principal and the School Board explaining the incident and asking them to review policies and procedures regarding the raising and lowering of baskets and to address any changes needed in school practices. By doing so, you can help reduce the chance that another student could be hurt in a similar fashion.

I hope you found this information helpful. If you would like to contact me with additional questions or to discuss your case, you can call me at 1-800-660-1466 or email me at [email protected]   

I hope your recovery goes well and that you get fully and quickly better. 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.