my son swallowed a nickel at school

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my son swallowed a nickel at school

My son was at recess and a child gave him a nickel
and he swallowed it and It got stuck in his
esophagus

Asked on May 28, 2018 under Personal Injury, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot sue. You can only sue when someone is negligent; negligence is judged by what a reasonable person *of that age* would do; there is nothing unreasonable for one child to give a nickel to another, and so no negligence..
Furthermore, someone is only liable when the harm is foreseeable: it is not foreseeable that your child would swallow a coin, since that is not what you do with coins, if you are child old enough for recess.
And you can't sue when you--or in this case, your child--caused the harm, such as by swallowing an inappropriate foreign object.


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