- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: My kid's classmate falls off monkey bars today, breaks arm - school to remove them tomorro
Posted on 5/4/17 at 7:34 pm to oleyeller
Posted on 5/4/17 at 7:34 pm to oleyeller
Public schools have discretionary immunity from personal injury lawsuits. So I doubt if fear of suit caused the monkey bars to be removed.
Posted on 5/4/17 at 8:35 pm to Poordog
quote:
Public schools have discretionary immunity from personal injury lawsuits
Nope. They are liable in tort just like any other entity.
If litigated the plaintiff would need to establish some level of negligence on the part of the school system to impute liability. Some angles that could be pursued:
Negligent supervision - the age of the child might impact the level of supervision required
Condition of the equipment
Was protective landing material required
Teacher /student ratio on duty
The removal of he monkey bars could be used against them in litigation and they could be accused of spoliation of the evidence.
If equipment was in good condition and supervision was appropriate they would be better served by defending on the merits and characterizing this a fluke accident which could happen any place where kids play.
Popular
Back to top
![logo](https://images.tigerdroppings.com/images/layout/TDIcon.jpg)