If a student put an unknown substance in my son’s drink at school and he had to go to the ER, who pays the medical bills and how do I proceed?

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If a student put an unknown substance in my son’s drink at school and he had to go to the ER, who pays the medical bills and how do I proceed?

Asked on April 16, 2013 under Personal Injury, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have to initially pay the bills--you or your medical insurance.

If you know who the student was who did this, you can hold his family liable for your out of pocket (not paid by insurance) medical costs and recover them from the family; parents are liable for the negeligent (careless) or intentially wrongful acts of their minor children. If they won't pay voluntarily, you could sue them, including (for smaller amounts) acting as your own attorney and suing in small claims court.

The school would not be liable unless you can show that they were being unreasoanbly careless in how they monitored or supervised the children; if they were, though, then you may be able to hold them liable, too.


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