School responsibility

UPDATED: Sep 30, 2022

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School responsibility

My son was sent to ER because he was given a soy milk for lunch which his doctor specified on his diet meal not to give soy milk. The school has his allergy lab tests results, as well as the doctor’s order for the medication. I admit to accidentally signing the

Asked on January 25, 2017 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, the fact that you signed "give soy" means that either they are not liable (a court could find that the school is entitled to rely on what a parent instructs them to do) or, at a minimum, that you and they are both liable (that your own error is at least partly at fault, by confusing the issue). So full or partial liability on your part would very likely significantly reduce, and potentially even eliminate, any compensation to which you'd be entitled.
Second, you can only recover for actual costs, losses, or signifiant, lasting injuries. you write that your son was sent to the ER, but you do not indicate that he suffered any major lasting harm. Under those circumstances, the amount of money you could potentially recover in a lawsut would be very minimial, even ignoring the liabiltiy issue above: it might be only your out-of-pocket (not paid by insurance, Medicaid/Care, etc.) medical costs from the ER visit, and possibly one day's lost wages (if you work) for taking him to the ER. Based on what you write, this does not appear to be an economically viable legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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