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  1. #1
    Join Date
    Sep 2016
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    Default Can You Be Sued Over Accidentally Knocking Somebody Down

    A teacher's aide in a New York school was trying to speak with a student, who decided to run away. The aide followed briskly, not running, but when she went around a corner she bumped into another student who was present in the hall and knocked him down.

    The student who fell was seen by the school nurse, who says that he was fine. The student's mother has since told the school that she has had to take him to the emergency room several times.

    Could the mother sue the aide for her son's injuries, if in fact he has injuries?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Be Sued Over Accidentally Knocking Somebody Down

    Is it possible for the mother to sue, even if the child's injuries were minor? Yes, it is possible as, so to speak, anybody can sue anybody.

    Can she win? If the E.R. visits show that there are no injuries that relate to the accident, or that the injuries are trivial, it would not be much of a case due to the lack of recoverable damages. Beyond that, the parent would have to show sufficient negligence on the part of the aide to support a personal injury claim, and it may or may not be possible to demonstrate negligence under the circumstances.

    If the parent does sue, the aide should get coverage and representation through the school and its insurance company.

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