What to do if my daughter was at school leaning against the bathroom sink when it collasped with the wall pipe included?

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What to do if my daughter was at school leaning against the bathroom sink when it collasped with the wall pipe included?

The sink fell on top of her and she recieved a few cuts on her arm and a sprained ankle. Also complaining about back pain. When the school called they wanted me to be aware of the situation, but she was OK, eventually they got around to telling me that she was crying from being in pain. All the time I was there at the school they kept on insisting that she was alright there was nothing wrong she was more embrassed than any thing.Do I have a case against the school system for their rusted sink falling on my child?

Asked on April 12, 2013 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The most important question is: was you daughter injured and, if so, how badly? The U.S. legal system only provides compensation for actual physical injuries and costs related to them in cases like this: therefore, you could potentially recover out-of-pocket medical costs (e.g. not paid by insurance of some kind) and, if you daughter has suffered prolonged or permanent scarring, impairment of function of a limb, etc., pain and suffering. If your daughter was fortunate enough to not need much medical attention and not suffer significant injury--beyond some pain or brusing--then there's no point in suing; you'd spend more on the lawsuit than you could possibly recover.

Second, even if your daughter did suffer significant injuries, there would only be liability if the sink fell due to the school's failure to provide proper maintenance. If instead the maintenance was not an an issue and the sink fell because you daughter was leaning on it when she should not have been (sinks are not intended to be weight-bearing) there would be no liability.


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