What to do if there were 4 teachers/assistants watching my son’s class and he received a head injury but none of the teachers/assistants observed what happened?

There were 4 teachers/assistants and 10 children at 1 class. My son had a head injury was sent to ER by an emergency vehicle and he got a 2.5 cm suture. None of them knew what happened. The cause of incident on the accident report is “unknown”. What do you think?

Asked on September 18, 2012 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A child could get a head injury in a second. With a 2.5 to 1 student to teacher ratio, there will be times that even in the best-run class, with the best teachers, that a given child is not being observed by a teacher. While I agree that it is slightly suspicious or difficult to credit, it's far from impossible; unless you incurred significant medical costs or you child suffered from lasting injury or disability, it's unlikely that the cost of an investigation and/or lawsuit would be justified by what you could recover, since proving that a teacher or another child did something wrong, in the face of four teachers saying they have no knowledge, may not be easy.


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