What are our rights if my daughter slipped, fell and broke her wrist on ice that was located on her school playground?

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What are our rights if my daughter slipped, fell and broke her wrist on ice that was located on her school playground?

There was no salt or sand on the ice and the area was not blocked off to keep the kids out. The school’s insurer said it won’t pay her medical because the ice was not a result of ice formed off a drain or down spout and so it considered it to be a natural accumulation. Is this something we can pursue further with an attorney?

Asked on March 3, 2015 under Personal Injury, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the school was at fault in not salting, scrapping, roping off, etc., then you could sue the school or district or both for medical costs, other out of pocket costs, and possibly some amount for "pain and suffering." Whether or not the insurer will pay (whether or not this is covered), if the school was at fault you may be able to recover compensation in a lawsuit. Whether they were at fault will depend on whether, under all circumstances of this situation, it was negligent, or unreasonably careless, to have not salted or taken other precautions. There are often short timelines for suing a school, so speak with a personal injury attorney soon to discuss the case.


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