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


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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