When you were a child, you probably loved playing games in gym class. You got to play kickball and fun games like dodgeball. What makes these games fun is that there is enough oversight to prevent injuries. If there isn’t, then there is a major potential for serious injuries or even unintentional deaths.
In schools, supervision is a must. When a parent sends a child to school, he or she believes that the school will keep their child or children safe. When that doesn’t happen, there is a fine line between an accident and negligence.
In most schools, there is a general waiver that parents sign. If a child is hurt under supervision in the normal course of events at the school that day, there usually is no basis for a lawsuit. However, if there is negligence of some form, then a lawsuit may be possible.
Here’s an example out of the Bronx. A school ended up facing a lawsuit because a 12-year-old boy was hit by a soccer ball in the face during a dodgeball game. While getting hit by a ball during a dodgeball game is relatively normal, the problem was that there were over 100 children playing and using the wrong equipment. Instead of using soft red balls typically used for the game, they were all armed with soccer balls, which are much harder.
When negligence plays a role in an injury, it is fair to want to seek compensation. If your child is hurt, you may have the right to seek a lawsuit, even if you’ve signed a waiver in the past. Our site has more information.
