If my 6-year old son was injured at school, is the school responsible for paying my deductible since the injury occurred on their watch or am I responsible for it?

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If my 6-year old son was injured at school, is the school responsible for paying my deductible since the injury occurred on their watch or am I responsible for it?

He fractured his clavicle during gym class.

Asked on June 21, 2017 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are only liable, or responsible to pay, if you can show that they were at fault in some way in causing the injury: e.g. having the students do some unreasonably dangerous activity, or not properly supervising them. (And even the, if they won't voluntarily pay, you'd have to sue the school, which may or may not be economically worth the time, effort, cost.) The fact that it was "on their watch" does not by itself make them responsible; there must have been fault.


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