Well my gym teacher made the class play this stupid game and I really hurt my kneecap. It is possibe that I need surgery. Should I sue her? Do u think she will get fired and hate me for eternity?
2007-01-28 05:40:45 · 23 answers · asked by Anonymous in Health ➔ General Health Care ➔ Injuries
She made us play hand ball but on our knees. And it was her idea. I hurt my knee not because I fell because It rubbed agenst the mats. And yes we were in shorts. Don't ask y our uniform is in shorts especialy in this weather.
2007-01-28 05:52:25 · update #1
No you shouldn't sue her. What do you think you would gain? And if the only answer is money, then don't do it. It was an accident. If she was cruel or irresponsible, then take it up with the school. Actually, in either case, whether she was irresponsible or not, the school should be aware of your accident.
2007-01-28 05:45:03 · answer #1 · answered by Liza 6 · 2⤊ 0⤋
A personal injury tort attorney would probably be able to determine if you meet the elements of such tort. In order for a civil legal proceeding to take place, certain criteria (elements) must be met. Contact a personal injury attorney and request a free interview for him or her to determine if a tort cause exists. A contingency contract with him or her (attorney) would be the preferred agreement. It means that you do not owe him if he loses the case...if it meets the criteria. You would still be responsible for court and filing fees; however, comparatively, it is significantly less if he or she did not win in the matter. Of course he or she will receive a percentage (usually more than 30 percent) of any award received, too.
Battery (Civil) Elements:
i. Act
ii. Intent to cause either:
a. An imminent harmful or offensive contact, or
b. An apprehension of an imminent harmful or offensive contact
iii. Harmful or offensive contact with the plaintiff’s person
iv. Causation of the harmful or offensive contact
I believe that the second element ii. (above) would not be met because there was no 'intent' for harm to happen...
Negligence:
i. Duty
ii. Breach of duty
iii. Proximate cause
iv. Damages
It could possibly meet the elements of negligence...the instructor has a responsibility to the student's safety; the foreseeability of an injury occuring was not applied adequately to prevent the injury; you were injured at school due to following the instructors directives; you have medical expenses due to your obedience.
This one is a possible...although, it would be argued that the federal law that was passed recently (during the past 6 years) may hold the teacher (or school system) non-responsible. Only an attorney will be able to determine if you are due legal remedy. Also, if you do not like the response of the first one you speak with, ask another one. Attorney's sometimes pick and choose their cases based upon their interpretation of whether they could win it or not. Another type of attorney that could be sought is known as an Education Attorney (someone who concentrates in or has experience in education cases).
Good luck and get well soon. Some medical reference links are also given below...the last one has a diagram of probable interest.
2007-01-28 14:13:55 · answer #2 · answered by sheila_0123 5 · 1⤊ 0⤋
No don't sue just get the surgery and you won't have to play pe come on let get real the teacher did not want to hurt you other students played the game and they did not get hurt!
Leave it alone don't sue
sorry about your kneecap!
Your kneecap probaly does not hurt that much other wise you would have gotten the surgery already and another thing teacher make you sign a paper for pe and there are so much fine print so good luck with that!
2007-01-28 13:44:34 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Quit whinning. That's all everyone seems to do anymore. It's always someone elses fault and never their own. Take responsibility for your own life. If you were in better shape then you probably wouldn't have gotten injured.
Besides, you can't sue her. Your parents or legal guardian will have to do that. I doubt they can either. Most schools are protected from those types of lawsuits unless there was gross negligence on the part of the instructor.
2007-01-28 13:48:58 · answer #4 · answered by smilindave1 4 · 1⤊ 0⤋
no, don't sue, thats not the answer, you need to talk it over with her and ask her if she would be willing to help with the medical bills. what was the game?? if you sued, just so you know, you wouldn't get any money because as long as the game was approved by the National Board of Physical education, nothing will happen and that teacher will hate you forever
2007-01-28 13:45:13 · answer #5 · answered by rokndrumm3r 3 · 0⤊ 0⤋
I think you can sue her, but I don't think you win this case. Because the teacher has any right to setup any game for student to play. If you're the only one who hurt your keencap, probably you play in stupid way.
2007-01-28 13:55:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I wouldn't sue unless it was a sort of game where you would be EXPECTED to get hurt. (Like Russian Roulette or something like that.) Anyone can get hurt in gym, and you shouldn't go suing for stupid injuries. It happens sometimes.
2007-01-28 13:45:33 · answer #7 · answered by Jess H 7 · 2⤊ 0⤋
I don't think she will get fired , yes she may hate you, but you need to have that knee taken care of. Check into your schools insurance first and see what they are willing to help you out with.
2007-01-28 13:45:10 · answer #8 · answered by ♥Minnie Mouse♥ 4 · 0⤊ 0⤋
You were in gym class. Your parents probably signed some kind of waiver for this kind of situation. Read the fine print, it it's clear sue away!
2007-01-28 13:44:32 · answer #9 · answered by voodooprankster 4 · 0⤊ 0⤋
Don't sue unless the Teacher was negligent. There are such things as Accidents where no one is at fault, you handle it, life moves on.
2007-01-28 13:45:09 · answer #10 · answered by Alex 5 · 2⤊ 0⤋