Legal Question in Personal Injury in Oregon

A child trips and falls in a school building and knocks out a front tooth, as well as sustains some bruising on the face. Is the school liable, as this took place on their grounds?


Asked on 1/28/10, 9:22 am

2 Answers from Attorneys

Dane Johnson Inspiration Spaceship

If the child tripped because the grounds were not reasonably safe, then the school may be liable. A school must exercise reasonable care to protect children from defective conditions on its premises. The facts of the accident must be investigated carefully to determine whether the child has a legal claim for his or her injuries.

The passage of time may prevent pursuing whatever claim, if any, may exist. I suggest that you contact an Oregon personal injury attorney promptly through the Oregon State Bar Lawyer Referral Service (LRS) at (503) 684-3763, (800) 452-7636, or online at http://www.osbar.org/public/ris/lrsform.htmla.

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Answered on 2/02/10, 10:35 am
Sam Hochberg Sam Hochberg & Associates

I would first echo Dane Johnson's analysis and advice. I would add that many businesses and some institutions have a limited amount of "med-pay" insurance -- typically not more than $5,000 -- to cover only medical/dental expenses (not "pain and suffering") incurred as a result of an injury on the premises, regardless of fault.

If there was something about the surface that the child fell on that could have caused the fall, even if in part, get photos right away as well. But do consult an attorney first, in person, and soon, to see if there might be a claim. I would also endorse the Oregon State Bar's Lawyer Referral Service. Best of luck to you.

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Answered on 2/02/10, 6:08 pm


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