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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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