Disabled child injured on school property due to negligent property management.

My son in a wheelchair fell on his head at school. I picked up my son from his junior high today and saw blood all over his face. He has spina bifida and is paralyzed and uses a manual wheelchair. He fell on his face and hands while in his chair.

He told me that he fell on a step. I was wondering if he tipped over a curb but when I checked it out it was an obvious unmarked step. From his vantage point, it looked like the walkway went straight.

I’m not sure what to do. I’m pretty angry at the negligence. I took him to the doctor and he has a broken nose and a possible concussion. We have good health insurance and have already hit our out-of-pocket maximum. Do I use the disability law center or a personal injury attorney or nothing?

Citation: Reddit

My son in a wheelchair fell on his head at school.

by u/shellycya in legaladvice

“I have worked on cases like this in the past.  A duty was owed to the son to provide him an environment that was safe.  That didn’t happen on account of the negligent unmarked step.  A personal injury lawyer will likely be able to assist with medical expenses, pain and suffering, and other losses associated with the injury.”

Brian Dettman

Helpful Tips:

1. Document the Incident: Take pictures of the unmarked step and any injuries your son sustained. Write down a detailed account of what happened while it’s still fresh in your mind. 

2. Report the Incident: Notify the school about the incident in writing, if you haven’t already done so. Include details about the location, the injury, and any medical treatment your son received.

3. Medical Records: Keep all medical records related to the incident. This includes doctor’s notes, medical bills, and any other related documents.

4. Consult a Lawyer: It might be beneficial to consult with a personal injury attorney who has experience with cases involving schools and disabilities. They can help you understand your options and guide you through the process. 

5. School District: You might also consider contacting your school district or the board of education. They should be made aware of the incident and the potential hazard.

7. Insurance: Check with your insurance company to understand what costs they will cover. They may also have resources or advice for dealing with this type of incident.

Remember, it’s important to consult with a professional who can provide advice based on your specific situation and local laws.

Every case is different and this information may not apply to your case.  Consultations at Dettman Law are always free and we don’t get paid until there is a recovery.

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