31 answers

School's Responsibility

My son had a fall from one of the play structures at his Montessori pre-school and broke his collar bone. Does the school have any responsibility in this case? His previous day care had offered to pay the co-pay when he had a accident there and had to be taken to the ER for some stitches.

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Thanks for the feedback. I am also of the opinion that the school does not have any financial responsiblity. I am happy to see that many people share this view. Accidents are bound to happen. This could have very well happened at home or at a park. We are very pleased with the pre-school he is at and don't feel there was neglect involved.

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I think it's the school's responsibility. It happened at school. They should be responsible for what happened at school. You may need to consult a lawyer first if the school doesn't take the responsibility.

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Not to be rude, but I think a lot of what's wrong in the world is that people want to blame everyone else for their problems. What if a neighbor child came into your yard and broke his collar bone because he jumped off of a swing or something kid-ish like that? Sure, your homeowner's insurance would probably pay for it, but how would you feel about that? How would you feel about the parents of that child if they asked you to pay? You didn't push him off of the swing...

Now if your child, under their care ran out in front of a car and got hit or something like that....absolutely it would be their fault for not supervising him in an unsafe environment (parking lot), but accidents happen on the playground all of the time and barring any broken or faulty equipment...it was just an accident. Treatment for a broken clavicle is pretty easy. My son wore a figure-8 type sling for six weeks and could use that shoulder/arm for lifting or pulling but after the six weeks...he was fine. Although they probably "would" pay if asked, I would say to pay it yourself...

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I don't mean to be rude but It was not the school's fault that he fell off of play equipment. The only way it could have been prevented was if the Teacher didn't allow him to play - then his Mommy would be mad about that and looking for compensation because her child was treated differently than the other children. Children have accidents through out their life while playing - that is part of growing up. He could have just as easily fallen off the equipment at the park with you - then who would you look for to pay the bills. This is your child and you should take responsibility for him and not always look for someone else to pay the bill.

How many private schools would be in business if they paid every time little Bobby or Suzie got a bump or bruise.

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I have to agree with one of the respondents...they may have a policy to help pay for the copay. BUT unless you don't want your children to ever play on playground equipment, then there are always going to be some risk that he/she gets hurt. Unless the equipment was in disrepair, then I can't imagine how you would think it is the school's fault. Children fall and get hurt...even in our own homes under our watchful eye. I sorry that your son got hurt and broke a bone...that is truly awful...but to me, it was an accident.

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Why is everybody being so rude about this? Of course it's not their fault, of course it was an accident, but you don't have to be nasty about it. If the accident happened while your child was under their care, of course they should help pay for part of the recovery.

My daughter had her finger slammed in a door at her day care. It eventually got infected and she had to have her fingernail removed. No, that wasn't their fault then either (it was the other parent's fault for not paying attention), but they do have accident insurance policies to cover things like that. They apply over your regular health insurance - to cover your copay for the ER or doctor office visits, cover your copy for the prescriptions or any slings/crutches that you may need. But, they will also reimburse you for your lost time from work. I know I was out of vacation time when I had to take off for Natalie, so they reimbursed me for that lost day, instead of me having to go without pay for the day. It's the same way with our doggie day care. Our collie had her ear stepped on by another dog and it split in half. She had to get stitches, but the doggie day care had an accident policy that paid our vet bills.

Just ask your center director - if they are any sort of reputable facility, they will already have a program in place.

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I would think only if they were negligent in the matter-like no one was supervising the playground or the equipment was not in good shape. Otherwise, I don't think so. Even though they are insured for stuff its usually for stuff that was their fault, and this doesn't appear to be their fault. Sorry :(

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I don' think the school is responsible to help parents pay for accidents on the playground. They are responsible for adequately supervising students playing outside and maintaining safe conditions. Accidental falls, breaks, bumps and bruises happen all the time at school even in the safest of environments - just part of growing up and learning your limitations. You'll probably have to prove some kind of negligence on the part of the school to get them to pay. Your previous day care may have been taking some responsibility for the accident and hence offered to pay.

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This is covered under Tort Liability-- schools are (in general) not held liable for injuries sustained by students on the premises, unless the injury can be proven to have occurred because of the schools negligence. That does not fit in your case unless something was happening that should have been stopped. Give the school a break.... what will happen if you try to make the school responsible is that the schools will eventually have no choice but to remove all play equipment. I have taught in a school district that removed play equipment due to lawsuits, and it punishes everyone.

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Legally I do not know.

My opinion is No. Accidents happen on the playground all the time at every school. The school can not be held liable. Can you imagine the additional insurance costs for them if they had to cover this too and then the increase in our costs for tuition?

If you are not prepared for these types of life's occurrences - keep your child at home.

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