Texas school liability for injured students (IEP, high school, doctor, pay)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My fifteen year old grandson was injured during weight lifting practice in athletics. He was 'warming up' with 200 pounds during squats. He weighs 123 pounds. During this warm up, he heard a 'pop' and instantly felt pain in his back and both legs.
Looooong story short: six weeks, xrays and MRI's later, he has a pre-op appointment tomorrow with a back surgeon. He cannot perform even the simple task of putting on his socks.
Set aside the fact that he's a lean, strong, athlete in excellent shape, who is reduced to having his parent's and siblings now helping him dress, the school has the 'oh well' attitude. Luckily for the family they have great insurance, but the co-pays and out-of-pocket expenses are starting to add up, not to mention, if he does have surgery, the huge deposits required by hospitals and surgeons.
Which leads me to my question: is the school at the very least not responsible for the mounting expenses? And should they not have to pay for tutoring while he recuperates? He is an honor roll student, and cannot afford for his grades to take hard hits.
What is the first step to making the school district take responsibility?
Is the school at the very least not responsible for the mounting expenses?
Unlikely, But that what there insurance is for. If they have good insurance, I've never heard of any hospital or Doctor asking for a deposit up front.
And should they not have to pay for tutoring while he recuperates?
His district should be providing home bound / Hospital Instruction, They need to insist that a IEP be made for him to support him. He can probably do most of his classes online, with 1-2 hours per day of In home teacher support.
While some school systems prefer students with that level of medical need be on a 504 plan, students don't have to be on an IEP (which is different from a 504 plan) to recieve home/hospital instruction. Every state I have worked in has had rules regarding how to provide an education for students who are experiencing absences due to illness or injury. That should be at no expense to the familiy, regardless of how the injury occurred.
No, schools are not held liable for sports related injuries unless there was gross negligence, which it doesn't sound like that happened.
__________________
When I post in bold red that is moderator action and, per the TOS, can only be discussed through Direct Message.
His parents probably signed a waiver to allow him to participate in sports at school....unless the school somehow forced him to participate, where is the liability? At 15, he should also be old enough to know that "warming up" with 200 lbs is stupid.
As for tutoring when he is home...how long will he be home? Even with a major ACL surgery, he shouldn't miss more than a couple days of school. Prolonged absences are generally covered by a homebound tutor through the school district though.
My fifteen year old grandson was injured during weight lifting practice in athletics. He was 'warming up' with 200 pounds during squats. He weighs 123 pounds. During this warm up, he heard a 'pop' and instantly felt pain in his back and both legs.
Looooong story short: six weeks, xrays and MRI's later, he has a pre-op appointment tomorrow with a back surgeon. He cannot perform even the simple task of putting on his socks.
Set aside the fact that he's a lean, strong, athlete in excellent shape, who is reduced to having his parent's and siblings now helping him dress, the school has the 'oh well' attitude. Luckily for the family they have great insurance, but the co-pays and out-of-pocket expenses are starting to add up, not to mention, if he does have surgery, the huge deposits required by hospitals and surgeons.
Which leads me to my question: is the school at the very least not responsible for the mounting expenses? And should they not have to pay for tutoring while he recuperates? He is an honor roll student, and cannot afford for his grades to take hard hits.
What is the first step to making the school district take responsibility?
Thank you for any input.
I offer no opinion about the law in Texas. I will say that as a practicing attorney in another jurisdiction, I had a very similar situation occur involving a high school girl enrolled in a weight training class at a local high school. I had to file suit and take a couple of depositions. However, I did ultimately settle the case in a satisfactory manner for my client.
A form that purports to waive liability is not always effective. Many jurisdictions take the view that someone cannot contract away their responsibility for liability or an accident before that accident occurs. Additionally, while the form may create a defense of assumption of risk this still has to be compared to the negligence, if any, of school teachers and officials. Example: Knowingly giving a small and inexperienced minor child a particularly heavy weight to lift maybe considered careless or negligent.
Certain areas and activities in a school pose substantially more risk than others. There is more potential for injury or death in a swimming pool or a weight room than in an English classroom. Other dangerous places might include a chemistry room if certain labs and experiments are routinely performed. Schools need to take this into account and be particularly on guard to prevent injuries to students.
My fifteen year old grandson was injured during weight lifting practice in athletics. He was 'warming up' with 200 pounds during squats. He weighs 123 pounds. During this warm up, he heard a 'pop' and instantly felt pain in his back and both legs.
Looooong story short: six weeks, xrays and MRI's later, he has a pre-op appointment tomorrow with a back surgeon. He cannot perform even the simple task of putting on his socks.
Set aside the fact that he's a lean, strong, athlete in excellent shape, who is reduced to having his parent's and siblings now helping him dress, the school has the 'oh well' attitude. Luckily for the family they have great insurance, but the co-pays and out-of-pocket expenses are starting to add up, not to mention, if he does have surgery, the huge deposits required by hospitals and surgeons.
Which leads me to my question: is the school at the very least not responsible for the mounting expenses? And should they not have to pay for tutoring while he recuperates? He is an honor roll student, and cannot afford for his grades to take hard hits.
What is the first step to making the school district take responsibility?
Thank you for any input.
Quote:
Originally Posted by Qwerty
His parents probably signed a waiver to allow him to participate in sports at school....unless the school somehow forced him to participate, where is the liability? At 15, he should also be old enough to know that "warming up" with 200 lbs is stupid.
As for tutoring when he is home...how long will he be home? Even with a major ACL surgery, he shouldn't miss more than a couple days of school. Prolonged absences are generally covered by a homebound tutor through the school district though.
BTW, home bound instruction can vary dramatically between students and between school districts. Often, it means a substitute teacher will take all of his homework to your house and give basic instruction for one or two hours per week (not one to two hours per subject, just one to two hours a week for all of his subjects).
Sometimes a teen will be able to transfer to a computer based educational program that they can do at home.
I offer no opinion about the law in Texas. I will say that as a practicing attorney in another jurisdiction, I had a very similar situation occur involving a high school girl enrolled in a weight training class at a local high school. I had to file suit and take a couple of depositions. However, I did ultimately settle the case in a satisfactory manner for my client.
A form that purports to waive liability is not always effective. Many jurisdictions take the view that someone cannot contract away their responsibility for liability or an accident before that accident occurs. Additionally, while the form may create a defense of assumption of risk this still has to be compared to the negligence, if any, of school teachers and officials. Example: Knowingly giving a small and inexperienced minor child a particularly heavy weight to lift maybe considered careless or negligent.
Certain areas and activities in a school pose substantially more risk than others. There is more potential for injury or death in a swimming pool or a weight room than in an English classroom. Other dangerous places might include a chemistry room if certain labs and experiments are routinely performed. Schools need to take this into account and be particularly on guard to prevent injuries to students.
My advice: SEE A LAWYER and get his/her opinion.
Don't they have to prove negligence to show liability though? Sorry, but this sounds more like a frivolous lawsuit then anything real.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
