Child Fractures 2 Teeth in Gym Class...

by Christi
(Marshfield, WI)

My child was pushed into a wall at school during a gym class activity. I had to take him to the dentist because of fractures to his 2 front teeth.

Who is at fault for his injuries, the other student or the school? What should I do to get compensation for the dentist bills?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Child Fractures 2 Teeth in Gym Class...":

Christi (Marshfield, WI):

The school is normally liable for a student’s injuries. The school has a duty to protect its students from unreasonable harm. If your son was purposely pushed into the wall by a fellow student the school may be liable for his injuries and the dental bills which resulted from them.

If your son was playing, exercising, or following normal instruction, and during the exercise he was inadvertently injured, and not purposely pushed into the wall, then the school will probably not be liable.

Especially in gymnasiums during physical exercise and games, students do sometimes get injured. The difference between a normal and reasonable injury, and one that was not, and was possibly inflicted upon your son out of anger or abuse is not reasonable, and such action would probably make the school liable.

If you are concerned with whether or not the injury was purposeful contact he school administrator and ask that an investigation be commenced. If you trust the school administration you will be able to quickly learn why the injury occured, who caused it, and what the school plans to do about it.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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