Legal Question in Personal Injury in West Virginia
Visually Impaired child hurt at school event
My 16 YR son attends a school for visually impaired children went out of state over the weekend to participate in a sporting event called Goalball. My son was paticipating in the game and after he made a goal he was making his way back into position by feel but got disoriented and somehow found his way behind the goal instead of in front of it. The spotter admits seeing my son was behind the goal but he was a volunteer and thought he was not allowed to say anything during game play. Normally the goals are made of PVC piping, but this goal apparentley was made of metal and padded only in the front. My son dove to block and smashed his face and head into the metal portion of the pole damaging 4 of his front teeth causing some pretty nasty damage. He had beautiful teeth after many years of ortho work we paid for. Anyway, currently we are paying from our pocket all costs, just the start, two root canals, ER vists, meds and the like and this is not even the implants we are told he will need or bridges and crowns etc. What are our rights and responsibilites? Are the school(s) liable in anyway and who pays. So far just because we have medical Insurance no one else is helping paying these bills but us and what about 2 yrs after all fixed?
1 Answer from Attorneys
Re: Visually Impaired child hurt at school event
The standard of care in West Virginia includes proper supervision. The facts point to a breach of that duty by the sponsor of the sporting event. You should consult a lawyer who will investigate all the facts and apply the standard of care to evaluate your case. This type of case is "fee generating" which means you pay legal fees only from a recovery from the tortfeasor.
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