Personal Injury Attorney Hillsboro

You need proof that the shove caused the broken arm. If you have that, sue the boy and his parents.

If there was lack of supervision the. The school is liable. If the offending boy is old enough to know better, then you can sue him and hope that his parents' homeowners insurance will cover.

There is no one to sue. It's just part of having an active childhood.

A parent is not liable for the torts of his child in NC. And why do you go after the school. You did not say the school did anything to cause the injury or failed to do anything to keep it from happening you don't get paid just because you get hurt in this world. You normally have to prove fault, negligence (of course, unless there is some type med pay coverage)There is not an automatic claim for every injury in life as you suggest by your inquiry we basically have a fault system in this country.

The school is immune from suit. The child can be sued but an intentional act by an individual is rarely covered by an insurance policy. There is a Med-Pay provisions in most policies of insurance that may pay for medical bills only. You would have to contact the child's parents to see if they will pay the bills.

The school would only be responsible if there was a problem with that offending child and your child before the incident and that they failed to put your child in a safe position before the incident occurred. If it is an isolated incident the school would be not be responsible. The boys parents would only be responsible if it can be shown that the boys behavior rose to the level of negligence. You should contact an attorney and discuss the facts with them.

While this is a simple question , the legal issues involved are not. Many public schools have immunity for injuries arising from many activities. The age of the children is also relevant. If there is no permanent injury the cost of litigation may outweigh the gain if insurance covers the medical care. As noted above, an attorney would need more facts to answer your inquiry.

Contact the boy's parents and ask which insurance company provides them with homeowners insurance....that insurance company should cover your son's medical bills.

First find a personal injury attorney. PI attorneys generally take cases on a contingency fee basis so?you don't pay unless you win - and then you pay a percentage. Legally you bring the suit on behalf of your son. As a general rule, you sue everyone who may have liability - which may include the other child (depending on age), the parents of the other child, the school and perhaps the person who designed the playground. You do this because of a case in Florida called Fabre - which says in essence that the defense can point to an empty chair and suggest to the jury that someone you did not sue is either fully responsible or partially responsible. Because Fabre says that when multiple parties are found liable, each pays only their proportion of the damages (based on their percentage of liability) you need to sue everyone in sight. Otherwise the jury could find that the empty chair had X% liability and therefore you would not collect that X% of the total damages awarded.

You might have a claim against both the boys parents and the school, but it depends on the circumstances. If the classmate had a history, then the school district might be liable, but towns have immunity in most circumstances. Parents are generally liable for torts committed by their children.

Probably neither is liable. You would have to show that the school was negligent ( a teacher witnessing the accident in of itself is not negligence). Parents are not automatically liable for the acts of their children. There are some circumstances, such as when the parent provides the child access to a car, or when a child damages government property. I am not aware of any law that would make a parent liable for a child pushing another child on a playground.

From what you say, no one is liable. It is just something that just happened.

The parents are liable for their son's actions. It doesn't sound like you are alleging that the school was negligent; the teacher is a merely a witness on your behalf.

In many states the school will be given immunity from damages. Your son's involvement in playground activities will factor in any decision to file and action. You should weigh the injury details carefully. How severe was this injury ? What supervision by the school might have prevented the fall ? Was your son horsing around with the other children when this happened Is there a history of bullying by the child that pushed you son ? Has your medical insurance company paid the bills ? Is there any permanent damage to your child ? Without a severe injury most lawyers would not take the case you have presented.

The parents are not responsible. You must prove the school was at fault in order to recover from them.

You might have a hard time proving negligence on the part of the school. The main person legally responsible for the injuries to another is the person (if any) who acted negligently. If the negligent party was a minor, the minor owes the injured party for the damages. Of course, many minors are judgment-proof due to insufficient assets and minors can sometimes avoid debts by declaring bankruptcy, too. RCW 4.24.190 establishes an action against parents for willful injury to person or property by a minor by saying the following: "The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. [1996 c 35 2; 1992 c 205 116; 1977 ex.s. c 145 1; 1967 ex.s. c 46 1; 1961 c 99 1.] Parents are usually not automatically vicariously liable for the torts of their children, but where parents knew or should have known of a child's dangerous proclivities, then the parents may be liable for negligent supervision.

Liability in this situation may be questionable depending on the facts and circumstances. It is not really clear that anyone would be liable, but possibly the school or the parents depending on the facts.

The school would not be responsible if they acted reasonably and couldn't have prevented it. The other child would responsible if he acted negligently or intentional. He would be covered by his parent's homeowners insurance for negligent acts. His parents may be responsible for up to 5,000 for their son's intentional acts.

Depending on the facts of what happened and the circumstances around the incident, the parents of the other child and the school may be responsible. There are many other factors to be considered. It is advisable that you seek the advise of counsel.

In order to determine whom you should sue for an injury to your son, you need to find out who was at fault. What could have been done to prevent the injury? Did anyone have a duty to prevent it? Lawsuits for injuries by children to children can be very difficult, because it is difficult to prove liability against the school or the child. Talk to an attorney and see if you have a case.

Children pushing each other is not negligence.

Depends. If the school knew the kid was rough, they might have some liability, but I seriously doubt it. You'd go after the kid. But you'll need a lawyer to do that.

Boy's parents probably. You won't have much luck against the school. These things are hard to establish as someone else's fault.

You should sue the parents of the boy who pushed your son and caused his injury. They are responsible for the actions of their child.

The parents for sure. The school has immunity from these kinds of cases.