Premises Liability Injury on School Property

[Michael Wechsler]

The time limit can be very strict. Here in New York it's a 90 day notice of claim against the city.

Just a note: OP is the grandparent trying to assist his/her daughter.

Correction, thank you. Grandchild! Still the same concern.

 

[mightymoose]

There was no organized game of with giant yoga ball. The child who threw the ball was filling around and felt bad about the accident.

So hit with a yoga ball when not looking, and which should not have reasonably been thrown....
Have you considered asking the other child's parents to pay the damages their child caused?

 

[DDil]

I thought Property owners (school districts included) all carry trip and fall coverage? ( If someone falls on my property, my homeowners insurance is supposed to cover claim)




Yes, correct, not much in big scheme of things , but probably a lifelong expense of tooth replacements, treatments, diagnostic tests, etc.

Ty again for taking the time to reply!

No


>Thank you for your info. Will pursue methods suggested. -(Main concern is ongoing cost for several years and/or lifetime related to childhood permanent front teeth injury.)




No

 

[Zigner]

I thought Property owners (school districts included) all carry trip and fall coverage? ( If someone falls on my property, my homeowners insurance is supposed to cover claim)

If someone falls on your property because of something that you did (or did not do), then yes. However, let's say that your friend Sally walked in to your house and accidentally dropped her banana peel, then, 2 seconds later, your friend Bob walks in and slips on the peel, falls, and hits the floor, causing a concussion. Why would you be responsible for that?

 

[PayrollHRGuy]

So hit with a yoga ball when not looking, and which should not have reasonably been thrown....
Have you considered asking the other child's parents to pay the damages their child caused?

Just because there was no organized game doesn't mean the ball "should not have reasonably been thrown".

 

[adjusterjack]

accidentally dropped her banana peel, then, 2 seconds later, your friend Bob walks in and slips on the peel,

Mythbusters addressed the banana peel issue. It seems unlikely that a person could slip on just one banana peel but look what happens when there are lots of banana peels.

 

[mightymoose]

Just because there was no organized game doesn't mean the ball "should not have reasonably been thrown".

By the description given I was under the impression the kid was deliberately beaned by another goofing off. OP then said it wasn't even deliberate, so that pretty much changes everything

 

[Zigner]

Mythbusters addressed the banana peel issue. It seems unlikely that a person could slip on just one banana peel but look what happens when there are lots of banana peels.

LOL

I guess I forgot to mention that the banana peel had larvae from an as-yet undiscovered species of microscopic creature that secretes pure WD-40.

(It IS my hypothetical scenario after all )

 

[zddoodah]

I thought Property owners (school districts included) all carry trip and fall coverage? ( If someone falls on my property, my homeowners insurance is supposed to cover claim)

I'm guessing you don't have much of a grasp of how property owner's policies work. There's no such thing as "trip and fall coverage." As I explained in my prior response, it's possible that the relevant insurance policy contains a provision for payment of some amount (commonly $5-10k) for injuries suffered on the premises regardless of liability. It's also possible that this won't be the case here since the school may be self-insured or have different coverage than a normal commercial entity. Absent coverage of that sort, the child's parents will have to prove that the injuries resulted from someone else's negligence, and only then would the property owner's insurer step in to indemnify the property owner.

I note, by the way, that you ignored my inquiry about the child's parents' personal medical/dental coverage.

 

[DDil]

zdd

Thank you for info. From what I have read thus far, It does not sound hopeful for premise liability since it was an accident on public school property. Also Summer Camp admin (run by the Township) will not release name of child who threw ball that caused accident.

From the info shared on this thread, I was trying to find out possibility of a case before I encourage my daughter to contact an atty.

She is busy with a new job and family so I'm trying to research this info. for her.

At time of accident this past summer, their dental insurance was under her previous employer (which may or may not cover 'some' of expenses to date).

My concern is ongoing expense for "continued" dental problems associated with this accident. (could be many years of caps, bonding, implants, diagnostics, etc.).

I will share this helpful info with her. My grandson is okay in the grand scheme of things but continues dental care and X-rays (related to this injury) every few weeks! Thank you for your time.

 

[zddoodah]

Based on what you've described, the school where the injury occurred almost certainly has no liability (although, as indicated, there may be "no fault" insurance coverage), and the entity operating the camp likely has no liability (either because of a lack of provable negligence or a liability waiver or both). As for the parents of the other kid, here's a summary of Pennsylvania parental liability law. Take particular note of a couple things. First, it appears liability is capped at $1k. Second, your daughter would have to prove that the injury resulted from the other child's negligent or willful conduct beyond what would normally be part of the accepted risk of a bunch of 10-year olds playing together. Under the circumstances, that would be virtually impossible to prove.

 

[DDil]

Okay thank you