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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
Posted by Poordog
Member since Apr 2013
106 posts
Posted on 5/4/17 at 7:34 pm to
Public schools have discretionary immunity from personal injury lawsuits. So I doubt if fear of suit caused the monkey bars to be removed.
Posted by tigersbb
Member since Oct 2012
10449 posts
Posted on 5/4/17 at 8:35 pm to
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.

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