If I was injured at school while using an air pressure gun in my hand had to go to clinic, do I have a case?

Asked on July 26, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may have a case if either of the following occured:

1) The school was somehow negligent, or careless, in how they instructed you to use the gun, or how they supervised you, or in the safety precautions they provided--in those cases, you may have a claim against the school; or

2) The gun was in bad repair or defective in some way, in which case you may have a claim against the school (if they didn't maintain it properly) or the gun's manufacturer (if it was defective).

However, if the school did nothing wrong and the gun was not defective, they you most likely would not have a claim; claims like this grow out of fault, so to speak--without fault, there is typically no liability. People get injured all the time without having claims against others; the mere fact that you were at school does not, without more, make them liable.

Also, bear in mind that even if there is liability, or a legal obligation to compensate you, they are only liable for an amount related to the extent and cost of your injuries; if your injuries were minor, there would be no point in suing, since you could not recover enough to make the lawsuit worthwhile.

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