School liability in case of injury – Questions and advice

Questioner

Hello , My son fell during gym at school. As a result, he suffered a broken elbow. He jumped over a box/box. His gym teacher didn't see it; he had turned off the music at that moment. There was no supervision next to the crate/buck where my son was jumping. Can I hold the school liable for the damage? My son has an injury and is undergoing surgery to fix a piece of bone with a screw. Kind regards

Questioner

Unfortunately, your question isn't easy to answer. Not all the actual circumstances at the time of the accident are known. However, they are important for determining whether liability exists. The question to be answered is whether the teacher, in directing the incident, failed to exercise the care expected of him or her towards the students in the gymnastics exercise. Specifically, the question is whether sufficient and appropriate precautions were taken during the gymnastics lesson in question to prevent or limit the risk of an accident and its consequences. In legal practice, quite a few claims fail on this point. You can, however, send the school a letter outlining the circumstances you are aware of and holding the school liable for the consequences. The school management will then contact their insurer for an assessment. The school will likely also have accident insurance. If there is permanent injury and a certain degree of permanent disability, your son might be able to receive some compensation under that policy. This compensation is independent of the question of fault. The policy also often includes secondary coverage for any medical expenses not covered by your own health insurance. If you have any further questions, please let me know.

Questioner

Good morning, I'm so sorry to hear that your son sustained an injury during a gym class. I wish him all the best for his upcoming surgery. Schools have a duty of care towards their students. The question is whether there has been a breach of this duty of care. This is not always easy to answer and depends on the circumstances of the case. No two accidents are the same. It's therefore difficult for me to give a conclusive answer in a few sentences. Therefore, I would like to contact you personally to discuss the situation in detail. As an advocate for accident victims, I, as a lawyer, can provide your son with guaranteed free legal assistance and help him recover your costs and the damages he has suffered. Attention, understanding and communication are always my starting point. If you need this information, please contact me. I'm happy to help.