Q: Can you sue a school for negligence if your child breaks their arm and the school does not notify you?
My child broke her arm at recess. Went to the nurse, was given and ice pack and sent to class. We were not notified of the injury. Once we picked her up we saw she was crying. She told us she fell at school and her arm really hurts. As soon as we saw it we could tell it was swollen. School denies that she was upset or saying she was in pain but my husband said she was a crying mess when he picked her up. They “investigated” it and claim the only mistake they made was not notifying us of the injury. I just can’t imagine they couldn’t see her arm was broken, it had a bulge!
A: You might have some valid claims but schools have a lot of immunity. If the school not calling you made her injuries much worse then you might have a good case for damages... but if the delay by a few hours didn't make her injuries worse then the "damages" might not be worth pursuing. I have some clients who want to pursue a claim just for the "principle" of it and have money to burn.. but most don't when we analyze the potential outcome.
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