Westwood, NJ asked in Education Law for New Jersey

Q: My son who is autistic and 6 years old has tree nut allergies, in the special needs school he attends he grabbed a piece

of peanut butter sandwich from his classmate and ate a piece of it resulting in vomitting and school nurse had to give him epipen shot and send him to ER on a ambulance, is the school liable for the medical costs of the Ambulance ride and ER visit. The teachers and school nurse are aware of his nut allergies on record.

Related Topics:
1 Lawyer Answer
Stuart Nachbar
PREMIUM
Answered

A: The question is not so much education as damages. Does your son have an IEP and is there a designated peanut free area and was he at it? Before one can answer your question, those questions posed would need to be answered. Sorry

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.