Family Files Lawsuit After Accident at School Playground Results in Broken Leg
A Palo Alto family has filed a lawsuit against a school after their kindergartner ended up with a broken leg. According to the lawsuit, an older boy jumped from the top of a slide and landed on the smaller boy, causing a broken leg. The playground was for children in grades K-3, and the boy who jumped from the top of the slide was a second-grader. According to the lawsuit, the second-grader had a propensity for jumping from the top of the slide and had done so numerous times before. The parents believe that the teachers at the school should have recognized the inherent danger this caused to other students and disciplined him. The teachers were aware that the second-grader jumped from the top of the slide and told him not to do it anymore. However, a teacher who was overseeing the children stepped away to tend to another child when the accident occurred leaving the children at the slide with no supervision.
The parents allege that the school was aware of the boy’s behavior but failed to prevent him from using the play area unsupervised. The complaint further contends that allowing kindergartners to use the slide with older children was inherently dangerous to the younger children.
Elements of negligence
The plaintiffs contend that the teachers had fair warning of a dangerous condition presented by the second-grader who continued to jump from the slide even though he was told not to do so on numerous occasions. They left the boy unsupervised for a short period of time during which he broke the rules again and caused a serious injury to another student.
Is this enough to establish that the school district was negligent? Could the school district have done anything to prevent such an injury? The parents believe that they could have prevented the boy from using the play area after having disobeyed his teachers on numerous occasions. While there was no one looking, he jumped from the top of the slide and injured another student. The plaintiffs contend that this constitutes negligence and that the kindergartner is in no way responsible for this injury. They could likewise name the boy’s parents in the personal injury lawsuit they have filed against the district.
A broken leg is a serious injury and the boy will have to use crutches for a period of time while his leg heals. He also incurred trauma, pain and suffering, and his parents are responsible for his medical bills. These are all compensable damages in a personal injury lawsuit. The parents would be able to recover damages in the form of a monetary payment from the school district to the child. The money would likely be placed in a trust for the child.
Talk to an Oakland, CA Personal Injury Lawyer Today
The Oakland, CA personal injury attorneys at Venardi Zurada can help your family recover damages resulting from an injury to your child. Call our office today to schedule a free consultation and we can begin filing your lawsuit immediately.