Prank gone wrong

[Sportsaholic]

Last week my 14 yr old daughter was at school giving a friend a piggy back ride. One of her classmates thought it would be funny to hook her legs with his foot and trip them up. She went down and hurt her knee, trip to the ER, X-Rays, Crutches, PT ect ect ect.....MRI today shows a Cracked Tibia and Torn Legaments. No operation but a leg brace, crutches & PT for 6 weeks.

School is going to put this in on their Insurance but isn't sure if it will go through. Our insurance has a $5,000 deductable.

The kids Mom that tripped my daughter origanlly said they would cover any cost but has now left a message saying they will cover 1/2 of any cost. I know this is going to get ugly, always does when it comes to $.

Am I right in thinking they should cover 100% :shrug: If it wasn't for the kid tripping her she wouldn't have been injuried.

I do have a report from the school outlining what happened.

 

[pel7]

Sounds like they need to be paying 100%,plus an apology to your daughter needs to be given to your daughter.

 

[turksure]

Send a letter to the school requesting that they notified the school's insurance carrier, they will pay you 100% of the medical plus maybe extra. The schools insurance carrier can then go after the other party if they wish(subrogation). You may also collect from your medical insurance in addition to the above in some states.

Contact a friend that's an attorney, they should be able to help. gl

 

[VaNurse]

I would think the school insurance should cover it since it was an accident that occurred during the school day on the school grounds. You sent your daughter to school that day with the belief that the school personnel would keep her safe from harm. Where were the teachers when the kids were horseplaying? Also, since the injury was a direct result of another child's behavior, I believe the kid's parents' homeowners' insurance should cover it under their liability for their little darling's mischief. Don't accept any final settlement until your daughter is completely pain-free and you're certain this won't affect her ability to go out for cheerleading or whatever in her future. Since she was injured so close to the end of the school year, she might be entitled to a little "pain and suffering" since she won't be able to enjoy her summer vacation like all of the other kids. It's certainly worth a call to the family lawyer.

 

[yyz]

What ever happened to kids being kids?

Which one of us didn't push, trip, kick, etc, others kids in school?

Unless this kid was intending on busting your daughter up, I don't see the twist?

If she fell while farting around with the other girl on her back, would you go after her parents?

Covering half seems like a fair shake from that other family.

I hope your daughter recovers quickly.

 

[The Joker]

Sports - you can.......

1. Do nothing
2. Ask for all costs to be covered
3. Stick it in the tailpipe and take 1/2
4. Sue for medical
5. Sue for pain and suffering
6. Sue the school for supervisory negligence
7. Sue the school for medical
8. Sue the school for pain and suffering

You can also press charges against the kid who tripped her for assault and battery AND wanton endangerment in the first degree.


:0008

 

[Sportsaholic]

Not looking for a windfall here, just trying to figure it all out. If the kid didn't try to trip her we wouldn't be in this situation so I don't feel it' up to me to foot any of the bills. I'm already paying by taking her to & from school (hour round trip) because she can't get on the bus.

The school is going to try and put this through their insurance but wasn't sure the limit on claims so far this year.

My daughters been through enough with all this and we're trying to be as reasonable as possible.

Thanks for all the input :0008

 

[hogman14]

Sports,

This kind of bs is disgusting. I understand you're trying to be reasonable, but you have to ask yourself what would happen if the tables were turned? Everyone is out for themselves nowadays, and I know you're a standup guy, so you don't want to fawk these people over...but, as you mentioned, not just the bills, but also your time is worth something.

They should lock up these fucking animals and throw away the key, no matter what the age.

Schools are a fucking disaster nowadays. I'm not even old, and I feel old the way I'm talking...god bless anyone who's trying to raise a kid nowadays.

-j

 

[Cie]

Is carrying another child on her back allowed under the rules of the school?

 

[BobbyBlueChip]

Is carrying another child on her back allowed under the rules of the school?

opcorn2

 

[THE KOD]

sorry I have to side with Cie

your daughter should not have been horsing around and putting herself in a position to be hurt like that at school.

If she was walking down the hall and a kid tripped her resulting in this injury thats a differant matter.

you should take care of your daughter and foot the bill.

also have a sit down about the lessons learned about what should and should not be happening during school hours.

The kids are there to learn not be giving horsey rides to their friends.

just my two cents

 

[Cie]

My take is simple. Just sounds like kids being kids. If this happens to me I think I would handle between myself and school's liability insurance.

Based on info provided, it would appear that sport's daughter and the tripper are both at fault. When sport's daughter picked up the other child, she obviously did not intend to cause injury to herself or her friend. Likewise, when the other kid tripped sport's daughter, he did not intend to cause injury. At least, this is what I took from sport's version of the facts. Pretty simple solution.......Sports and the third party parent split the portion of the expenses that the schools insurance does not cover because the incident only occurred because both children broke a cardinal rule of keeping their hands to themselves.


Those injuries sound serious, sports. I hate that a young girl has to go through this. Hoping for a speedy recovery, my man:toast:

 

[gardenweasel]

g.l.,bud...i hope you get reimbursed and your daughter makes a quick and complete recovery...

 

[The Joker]

g.l.,bud...i hope you get reimbursed and your daughter makes a quick and complete recovery...

Bottom line - this is what we all want.

 

[bleedingpurple]

Actually a similar incident happened like this on a judge show. May have been Judy but the parents of the person who did the act like in this case the tripping were 100% liable.. Right or wrong. Sounds like they were horse playing but the accident would not of happened had she not been tripped.

School insurance hopefully will pick it up.

 

[gardenweasel]

Bottom line - this is what we all want.

i support your support of sporty...

 

[yyz]

I'm kinda curious as to how you would feel, Sports, if your daughter just fell all on her own, and the girl who she was giving a ride ended up with those injuries?

Would you pony up? Would you be mad if the other parents expected you to foot the bill?

 

[Sportsaholic]

I'm kinda curious as to how you would feel, Sports, if your daughter just fell all on her own, and the girl who she was giving a ride ended up with those injuries?

Would you pony up? Would you be mad if the other parents expected you to foot the bill?

Accually yyz, for the first hour thats what we had been told happened from the school, that my daughter had fell while giving a piggy back ride to a friend. She was very upset when I arrived so it was harding finding out what happened from her. Her friend that she was giving the ride would only say "It wasn't me"...which made me more courious.

Wasn't until we were on the way to the ER did the whole story come on, my daughter didn't want the other kid to get in trouble. We had a long chat about coving up stories and accountability. We contacted the teacher to fill in the blanks of her story for the report. The teacher said he felt there was more going on than was told.

Still not sure how I 100% feel on this yet. I feel the trip was intentional, even the kid said he did it on purpose but not to hurt. This was a day of outside activites dictated by the State for schools. After chatting with the Principal it sounds like direction & supervision were an issue on the day. The event happened while going from jogging around the field to to play football with classmates, my daughter is not into athletics.....Some day at school :facepalm:

One teacher I spoke with said she's been trying all year to get kids to stop giving Piggy Back Ride in school fearing someone would get hurt. She'll be pushing harder now with the District.

End result is she doesn't need surgery which was really upsetting for her. I'm just going to see how things play out with the insurance company first.

 

[BuckwheatJWN]

My only advice is whatever you decide don't get caught up in one of those, "It's the principle of the thing", where you drag it out in court and it cost you more money even if you win and time. :nono:

 

[Theismann]

Hope everthing works out for you sports :0074 hope the daughter a speedy recovery :0008