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My child trapped her finger in school play equipment.?

She was playnig at school when somehow she ripped her nail in half and fractured a bone underneth. Not sure on details but it was a plastic tunnel.

She has had the finger opperated on and we have been told the nail may never grow back properly. Do you think she could claim for this?

Update:

I am concerend, What sort of mother would i be if i wasnt, For a little girl who loves her nails being painted the disfigured nail is quite upsetting. And its not as if i would keep any money she got for myself.

5 Answers

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  • 1 decade ago
    Favorite Answer

    Not enough information as someone stated. If the school had no reason to see this accident happening or if the school haven't had an injury(similar to this one) from the same equipment than no you don't have a claim. This will usually fall under Premises Liability which schools defend heavily at times. Sometimes accidents happen, that is the whole point in growing up. No one is stating of course that you shouldn't be concerned, this is your child. Are you going to sue for every little thing every time your child get hurt. This is the part of growing up, other people are not always negligent for injuries that happen to people. Sometime it is exactly what they are called "Accidents".

    You would have to prove:

    Dangerous Condition(which isn't trivial)

    Notice(which is a hurdle in many premises liability claims)

    Duty(which is easy because a school owes a duty to students)

    Injury

    All elements must be proved in these cases or you will lose.Plain and simple there is no other way around it. If no other child has been injured from the same condition, you have a little hurdle on your hands. Lawyers don't talk cases they can't win and Notice element is the hardest element.

    Talk with a injury lawyer in your area, but from your description I would say you don;t have a strong claim. Hope your daughters feels better.

  • Anonymous
    1 decade ago

    I would contact the school and ask to speak to her teacher or principal about it. Yes, you may have action against the equipment, if it is on school property the township or school district is responsible to make sure that the equipment is "reasonable safe".

  • 1 decade ago

    Not enough information. But there has to be some negligence. You can sue just because your child had an accident. Stop being so sue-happy, and more concerned for your child's injury then what you can GET for it.

  • Please don't sue. If you do, the school would either tear down the playground equipment or make it extremely inaccessible to the students.

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  • Sticky
    Lv 7
    1 decade ago

    Was this accident reasonably forseeable? I don't think so.

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