Can I sue the school if my daughter was injured by another student?
My child attended a local public high school for gifted students. While in an Advanced Placement Course, she observed an arm wrestling match going on. After waiting for the teacher to give an assignment about 10 minutes, she decided to play as well and the boy broke her arm during the match. Can we sue the school? Also, I asked for a copy of the report and never received one.
Answered By: Andrew T. Velonis, P.C.
A school can be held liable if it can be shown that the teacher knew or should have known that a dangerous activity was taking place, and that he/she had an opportunity to stop it and failed to do so. That being the case, I do not see liability in the situation you describe.
Answer Applies to: New York
Replied: 9/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/1/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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