What is my potential liability if my 8 year old son was playing at school today when he and another child were going after the same ball but there was some shoving involved and the other child was injured?

He hurt his 2 front teeth. Considering that they were both just playing, what legal recourse do the other child’s parents have against us/our child? At what point is the school/ school staff responsible considering that we were not there?

Asked on October 21, 2015 under Personal Injury, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The parents of the other child have  claims for their child's medical bills and pain and suffering to be filed with the school district's insurance carrier.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.
If the other child's parents settle the case with the school district's insurance carrier, NO lawsuit is filed.
If the case is NOT settled with the school district's insurance carrier, the school district and you will be named as defendants in a lawsuit for negligence.  DON'T WORRY ABOUT THAT because most likely the case will be settled with the school district's insurance carrier without a lawsuit.


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