What to do if our 6 year old son suffered a concussion while on recess at kindergarten?

UPDATED: Jun 7, 2013

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UPDATED: Jun 7, 2013Fact Checked

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What to do if our 6 year old son suffered a concussion while on recess at kindergarten?

We had to take him to the an Emergency Room. The total bill was around $13,000. Our out-of-pocket deductible was approximately $1,300. Shouldn’t the school (via its liability insurance) be held liable to par our deductible expenses?

Asked on June 7, 2013 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Someone--including a school--is not liable, or finacially responsible, unless they were at fault; the mere fact that a person is injured on another's property does not, without more, make that other person liable. If the school was negligent, or unreasonably careless, in that it failed to properly supervise your son, and that failure to supervise led to or caused his injury, then the school might be liable; but not otherwise.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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