What can we do if my 10 year old son fell at a school skating party and broke his arm?

UPDATED: Sep 29, 2022

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What can we do if my 10 year old son fell at a school skating party and broke his arm?

The rink apparently has signs posted stating skate at your own risk. The teacher didn’t believe him and made him sit for 2 hours (he is special needs). I asked the school for an incident report, and if I/they should contact the rink. It took the school several days to come up with a very carefully worded report, and only after a number of requests. I called the rink, who stated they would only provide incident reports when subpoenaed by an attorney or insurance company (but they do make them). His arm has healed, there do not seem to be any lingering effects, and my co-pays were only $55. Is there any reason I should pursue or at least further document this?

Asked on October 27, 2015 under Personal Injury, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The second to last line of your question is essentially the answer: if your son's arm has healed and you only had $55 in co-pays, you should not pursue this legally: since you can only recover compensation equal to your out of pocket costs and the extent of lasting injuries, you'd spend as much (even if you file as your own attorney in a small claims court) or more (if you file any other way) on the case as you'd get back. Certainly keep documenting matters, in case some lasting medical effect on your son shows up; but assuming nothing does, there'd be no reason to take legal action.

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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