Is a school responsible for injuries?

Question

My son fell and sprained his ankle while at school, He told 2 different teachers he was in pain, he was not allowed to see the nurse because she was leaving for another school a few minutes after the fall happened, I was not called. He had to walk on it for the rest of the day. I realize that it was just a sprain, no big deal. But wouldn't it be neglectful for a school, not to allow a child to receive medical attention, or contact their parents?

First of all, I don't plan on suing, I want to know what leverage I have in requesting change. My son does not get hurt often, he is a very cautious child, if that makes him a p*&^^$#e, so be it. I realize children get hurt, I have no problems with that. My problem however is not being notified, of it. and for all of you that have said well, its just a bump, a sprain is worse than a break, it weakens the ankle and it is easier to have reaccuring injuries as a result. But let my last staement be the one no one overlooks... I WAS NOT NOTIFIES IT HAPPENED UNTIL THE END OF THE DAY< HE WAS NOT ALLOWED TO SEE A NURSE.

Answer 1

For crying out loud!!

Was it broken? Can he walk?

THEN HE'LL BE FINE....don't make him into a big puss!!!!!

The teachers probably saw that it wasn't bad and let him go with it. Didn't you ever get hurt as a kid??? Did your mommy run you to the ER everytime you did?

He will be ok...I am sure that if they had though otherwise...you would have known!!

Answer 2

It would have been very nice if the school had informed you. Chances are they were busy and thought he would be alright. Is he? Kids fall and hurt their selves all the time. I get so sick of hearing, its someones fault. Who's fault might it be? Did you take him for medical attention? Not much they can do for a sprain that you can't do yourself. He'll live and have a whole lot more bumps and bruises in his life.
To a couple people that started talking about suing. That's exactly whats wrong with this world....always someone wanting to make an easy buck. Then our insurance goes sky high because of it.
PS Before someone says I must not have kids, I have 3 of them and they have got their share of bumps and scratches, part of being a kid.

Answer 3

Your son's school's 'duty of care' has failed him. It is the school's responsibility, particularly if the nurse is unavailable, to contact you especially if your son was in any kind of pain. Normally, you should have been contacted so that you could take him to the doctor to make sure his ankle was indeed just a sprain and not something more serious. What would have happened to the school if it had been more serious? They would have been in BIG trouble.

Answer 4

Wow. I would be furious.
To Susan, do you even have children? If so, you should have more of a heart. We send our children to school and expect the school to LOOK AFTER THEM. Its called their Duty Of Care.
At the very least he should have been given an ice pack, allowed to sit down somewhere and you should have been called.
I would make an appointment to see the Principal to discuss your concerns (that is what he is there for after all) and to put procedures in place so that it doesnt happen again.
I would have a chat with the ladies in the front office (the secretaries) and let them know that if your child ever again hurts himself at school that you WANT to be called. (Believe it or not some parents get frustrated when the school rings them if theyre at work).
Also let your son know that he has to make a BIG FUSS if they are not listening to him. Sometimes they get busy and dont want to be bothered. Unfortunately your sons problem got swept under the carpet. The squeaky wheel gets the grease and all that.
Really I feel that this has shown a flaw in your schools health and safety policy. They need to be made aware of this. And dont let anyone belittle you! A friend of mine had a daughter who fell on a pole while she was in gym class. They thought she had just winded herself and she spent the day in the sick room. Turns out she had done MAJOR damage, started coughing up blood and eventually lost one of her kidneys!
With our children we cannot be too careful.
I wish you well.

Answer 5

It was neglectful no to let you know or let him get medical attention, but as far as the actual sprain, the school is not responsible. You should still take something up with them about the lack of care.

Answer 6

nicely the motive force of the automobile is to blame for the injuries led to....yet when your daughter is tremendous except for bruising....only be happy she is alive and nicely....don't be an element of this 'sue chuffed' society....bruises heal...do not wrap your self up in years of litigation ... no longer nicely honestly worth the problem ...and that i'm speaking as a figure - count number your advantages honey...do not commence up issues and subject matters on your existence!

Answer 7

SO I am getting all the thumbs down in the rating system, well let's be real, your child was injured on school property, they neglect his best interest, what else do they neglect that the children DONT speak of out of fear, some of you can give me the thumbs this is a blog of constructive critism, when a child is injured we need to remind ourselves that we are not physicians we cant diagnos are children's injuries, we dont know what long term injuries mayb surface as his bones begin to develop As a nmother I personally would be livied in knowing that they kept mny child from recieving proper care and it would lead me to believe that other detrimental behaviors are taking place on behalf of administration, so f you neglect the situation, SHAME ON YOU, whose child is next, I would rather know that I set precendace than to I sat idly by, my friends god-child WAS KILLED ON SCHOOL PROPERTY, durin a dare program no one said a word, they were so pre-occupied with running patrol car lights for the kids etc, granted I am not giving all details here but there is a point, THE ONLY ONE WHO CAN DEFEND YOUR CHILDREN IS YOU. So call me sure happy or whatver, it is a matter of principle and letting your children know that there is no JUSTICE IN INJUSTICE,, THANK YOU
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My darling, I would be marching my pretty azz into the school superintendents office and have a very well defined conversation that uses the word, lawsuit, that uses the word grievance with your state's dept of education, I would have to also use the word, attorney, I would use the word media, I would use these words as colorfully and make it very clear that you will allow them 48hrs to put there heads together with the schools, staff, board of education and if they do not your attorney will give them a better sense of direction in how they need to make a decision that's in the best interest of the parties involved, because God forbid, people loose jobs, get garnished wages and everything else, I wish was there with you to guide you through the process I am a ball buster, which doesn't always work for me but it produces results IF YOU STAND FOR NOTHING YOU FALL FOR EVERYTHING. Be strong and kick some tail

PS call an attorney and he will tell you that while a minor child is on the premise of a state or private run education facility, the academic facilitator bears all individual culpability and liability.

Answer 8

Yes, the school should call parents in any case, even to assure that the child is already OK. You'd better at least go to the child tutor or something and persuasively ask him/her not to repeat the case.

Answer 9

In my experience working for public education for seven years, your son's school did make a mistake. Unless your child is habitually getting hurt for attention, the school should have made sure your son was not seriously injured. You should have been contacted.

Answer 10

yes, the school is at fault for neglecting the child, and neglecting to inform the parents.