Re: Injury in public school gym class

For any tort claim, you must establish that some wrongdoer (either the other child or the teacher or the school) broke a duty of care to your son that resulted in an injury. Whether you have a claim depends upon the particular facts and circumstances of what happened, as well as a host of investigation issues (have there been previous incidents like this before with this teacher or this child, was this accidental or purposeful, were adequate safety precautions taken, etc...)

You may very well have a claim. You should contact an attorney who handles personal injury plaintiff's work to discuss this further. I hope your son recovers soon.

Re: Injury in public school gym class

It is difficult to assess liability, if any, based on the facts presented. There is potential liability against the school if, for example, the game was not properly supervised and the game was getting overly physical. There may be other bases for liability. You may wish to consult with an attorney. I'm available for free consultation.

Re: Injury in public school gym class

With all due respect to my colleagues, based on the facts you describe, there is probably not any liability on the school district. Public schools are generally immune under Pennsylvania state law (the Political Subdivisions Tort Claims Act) from liability for failing to supervise other students or regulate their conduct.

By all means, feel free to consult attorneys because that's the only way to really assess liability, and any lawyer who practices injury law will be happy to give a free consult.

Re: Injury in public school gym class

I agree with Mr. Weiner. It is difficult based on the facts as presented to assess liability. Further information would be needed. However, if you would like to meet to further discuss this case, please feel free to contact my office for a free consultation.