What to do if I injured my 2nd digit on my left hand at my daughter’s school while trying to open a metal gate? I
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What to do if I injured my 2nd digit on my left hand at my daughter’s school while trying to open a metal gate? I
I needed to have 4 stitches put in and I have been unable to use my hand since the injury. My daughter attends a public school and I don’t want her to suffer because I decide to sue. However, I have medical bills to pay and my husband has had to miss work so that I can see a doctor.
Asked on December 14, 2012 under Personal Injury, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
IF the gate was unreasonably dangerous or unsafe in some way--such, as for example, it was damaged so that sharp edges stuck out, or so that you had to apply an unreasonable amount of force to open it--then you might have a legal claim against the school. But if there was nothing intrinsically dangerous about the gate and this was simply an accident, as happens, you would not have a claim; liability, or the obligation to pay for another's injury, depends on fault, and if there is no fault on the part of the school (such as from negligently, or carelessly, failing to repair obvious and dangerous damage), there is no liability.
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