What can we do if my 10 year old son fell at a school skating party and broke his arm?

The rink apparently has signs posted stating skate at your own risk. The teacher didn’t believe him and made him sit for 2 hours (he is special needs). I asked the school for an incident report, and if I/they should contact the rink. It took the school several days to come up with a very carefully worded report, and only after a number of requests. I called the rink, who stated they would only provide incident reports when subpoenaed by an attorney or insurance company (but they do make them). His arm has healed, there do not seem to be any lingering effects, and my co-pays were only $55. Is there any reason I should pursue or at least further document this?

Asked on October 27, 2015 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The second to last line of your question is essentially the answer: if your son's arm has healed and you only had $55 in co-pays, you should not pursue this legally: since you can only recover compensation equal to your out of pocket costs and the extent of lasting injuries, you'd spend as much (even if you file as your own attorney in a small claims court) or more (if you file any other way) on the case as you'd get back. Certainly keep documenting matters, in case some lasting medical effect on your son shows up; but assuming nothing does, there'd be no reason to take legal action.


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