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wife hurt at local school, what to do?


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17 replies to this topic

#1 of 18 Dennis*G

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Posted May 04 2008 - 11:48 AM

My daughters had a dance rehearsal at the local HS auditorium. After she paid for pictures she was on her way to the stairs and tripped over an uneven board on the floor. Down she can and dislocated her elbow.

Trip to the ER and they set it, but they said it went back 'almost to easy' so there may be a chance yet of surgery. We will hear more on her follow-up appt this Thursday.

Anyway, what are the steps here? Is it the schools insurance that should pick up the bill? Ours? Something we should fight over if the school comes back with nothing?

Basically just wondering if people think the school should be picking this up or if we should see a lawyer to cover the medical costs or something we are just supposed to pay for?

#2 of 18 Bryan X

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Posted May 04 2008 - 12:06 PM

I don't know what you're "supposed" to do, but if it were me, I'd just submit it to my insurance and be done with it. You might be out some money depending on how good your insurance is, but stuff happens. I can't count the number of uneven surfaces I walk across every day. If I trip, I chalk it up to my own clumsiness.

My son tripped at school last year and broke his wrist. We just submitted it to our insurance. Didn't even consider going after the school.

#3 of 18 KurtEP

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Posted May 04 2008 - 12:09 PM

If nothing else, you should tell the school about this uneven board so they can fix it and prevent anyone else from stumbling over it.
Lay down your law books now, they're no damned good -- The Eagles

#4 of 18 Alex-C

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Posted May 04 2008 - 01:00 PM

Me personally..I wouldnt do anything. but most of this debate surrounds what the "uneven board" is.
If you have something that is permanent, or obviously permanent, in a public place, and its shotty construction or a danger to people, then that might make you think differently. But if its just uneven, like a sidewalk that has risen from a treek trunk, well, you just need to decide for yourself.
In those cases (sidewalk), some will sue, some will move on.
I knew someone who fell and broke his ankle on a temporary paved area, and complained to the owner of the site, had a lawyer friend send them a notification letter...sort of...just explaining what happened on a law firm's letterhead, nothing more, and nothing threatening. Anyway, the site owner paid some money.
If you decide to pursue, you shouldn't have a problem finding an injury lawyer, they are everywhere and lie with their cell phones on at night next to their beds, waiting for your call.
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#5 of 18 Doro

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Posted May 04 2008 - 02:02 PM

I'd ask the school administration about it but as mentioned reviously, move on. She should be fine although the full extent is ultimately up to the treating physician.

I broke my leg on the first day of vacation in the Grand Canyon. After I got home, I was pretty pissed about the whole affair but I let it go. I'm still on crutches and it sucks but now I have a reason to practice breakdancing again.

Mark
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#6 of 18 Dennis*G

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Posted May 04 2008 - 03:34 PM

Thanks for the info so far. I was just asking if this was treated like my home owners insurance. Someone gets hurt at my house, my insurance will take care of it kind of deal, so I was wondering should this go through my insurance or theirs?

And the school has the info on the accident and we are waiting to hear from them yet.

#7 of 18 JoeyR

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Posted May 04 2008 - 04:03 PM

Quote:
Originally Posted by Dennis*G
Thanks for the info so far. I was just asking if this was treated like my home owners insurance. Someone gets hurt at my house, my insurance will take care of it kind of deal, so I was wondering should this go through my insurance or theirs?

And the school has the info on the accident and we are waiting to hear from them yet.


40 years ago this question would never be asked

#8 of 18 Christ Reynolds

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Posted May 04 2008 - 05:58 PM

Quote:
Originally Posted by JoeyR
40 years ago this question would never be asked
Neither would half the questions in After Hours. Times change, nothing new.

CJ
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#9 of 18 DaveF

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Posted May 05 2008 - 12:08 AM

Quote:
Originally Posted by Doro
I broke my leg on the first day of vacation in the Grand Canyon. After I got home, I was pretty pissed about the whole affair but I let it go. I'm still on crutches and it sucks but now I have a reason to practice breakdancing again.

Mark
Did you sue the Grand Canyon? (It's got deep pockets...)

#10 of 18 WillG

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Posted May 05 2008 - 03:07 AM

Personally I wouldn't want to have to pay out of pocket assuming my insurance didn't cover it all. Certainly I wouldn't sue, but if there was some kind of negligence from the school such as shoddy construction I think you're within reason to at least attempt to get them to compensate for any out of pocket medical expenses.
STOP HIM! He's supposed to die!

#11 of 18 Patrick_S

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Posted May 05 2008 - 04:00 AM

Quote:
Originally Posted by JoeyR
40 years ago this question would never be asked
Don't delude yourself; the US has always been a very litigious society.

#12 of 18 Bob Graham

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Posted May 05 2008 - 05:51 AM

I had an accident at a high school when I lived in Texas. I broke my wrist after a fall from a crack in the pavement at the football stadium.

I handled it through my insurance but was dismayed that the school district would not cover my deducatable, even though they were at fault. If I had been a student, I would have been covered, but as a parent, I was not.

The school district said there was a Texas law against suing school districts, which sounded kind of funny to me, but I was in the process of changing jobs and was busy, and just let the whole thing go.

#13 of 18 WillG

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Posted May 05 2008 - 08:06 AM

I would actually half expect that based on the circumstances the insurance company would dispute the claim with the school district themselves.
STOP HIM! He's supposed to die!

#14 of 18 Jeff Gatie

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Posted May 05 2008 - 08:24 AM

Quote:
Originally Posted by WillG
I would actually half expect that based on the circumstances the insurance company would dispute the claim with the school district themselves.

Ding!! Ding!!

Report it to your insurance company as an accident outside of your own property. If you are not at fault, it is up to them to get the money (and the deductible) from the school's insurance. It is in their (and your) best interest to seek out the faulty party. No lawsuit involved, just two companies handling what they do best.

#15 of 18 Eric_L

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Posted May 05 2008 - 11:24 AM

Maybe they'll total her and you could get a good deal on a trade in?

#16 of 18 JoeyR

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Posted May 05 2008 - 12:27 PM

Quote:
Originally Posted by Patrick_S
Don't delude yourself; the US has always been a very litigious society.


Not to the extent it is today

#17 of 18 TonyD

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Posted May 06 2008 - 05:56 PM

Quote:
Originally Posted by Eric_L
Maybe they'll total her and you could get a good deal on a trade in?
or after that you can get her back at a discounted rate.
facebook.com/whotony

#18 of 18 Henry Gale

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Posted May 06 2008 - 10:51 PM

Quote:
Originally Posted by Jeff Gatie
Ding!! Ding!!

Report it to your insurance company as an accident outside of your own property. If you are not at fault, it is up to them to get the money (and the deductible) from the school's insurance. It is in their (and your) best interest to seek out the faulty party. No lawsuit involved, just two companies handling what they do best.


Thank you Will and Jeff.

I was surprised it took so long to get to, "How things really work."
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Some men are searchin for the Holy Grail
But there ain't nothin sweeter 
Than riden' the rails."
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