What can I do if about 2 years ago I was at school and suffered a closed head injury that has left me with horrible daily headaches that never went away?
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What can I do if about 2 years ago I was at school and suffered a closed head injury that has left me with horrible daily headaches that never went away?
I was in band class and the room was very cluttered as our teacher did not make the other classes put away their instruments. During a song, I tripped on an instrument and fell down with all of the other metal instruments around me falling on top of me. I passed out and when I woke up I failed to receive medical care; my parents were not even notified about the incident. The teacher failed to respond and get help of me and as result I am suffering everyday.
Asked on January 12, 2016 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It would be very difficult to hold the school liable for causing the fall, since based upon what you write, it was another student, not a teacher or other school employee, who left out the instrument on which you tripped: the school is not typically liable, or finanically responsible, for the actions of students.
Possibly you could hold the school liable for failing to notify your parents or give you medical care *if* there is medical evidence (e.g. a doctor's opinion or diagnosis) that the failure to do so has caused your lasting pain and problems. However, if you would have suffered the same detriments regardless of whether you were promptly sent for medical care or not, they would not be liable, because in that case, their failure to get you medical care made no difference in the outcome.
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