accident at school

[nicelee808]

Hello,

I was looking for a Law forum to put this in but there doesn't seem to be one.

about two months ago my son was at school, playing with some friends, they had a plank of wood and were using it as a seesaw over some climbing apparatus, one boy was at one end and my son jumped on the other end, the other boy who is quite a bit smaller than my son, fell off and broke his arm.

I am aware that the school assisted the family with medical cost and have been involved in the situation, but have recently learned that his injury could be quite serious and the doctor would need three months to diagnose, which would probably be in another month or so.

The school have contacted us to arrange a meeting with us the school and the injured boys parents, they also mentioned that they think the boys parents may be looking for compensation, but have not made clear who would be liable to pay this compensation.

Me and my wife believe that we should not be liable because our son was in the care of the school and they should not have been allowed to play a game like this, also I believe that the plank of would should not have been made available to them and he did not intentionally hurt the boy, he is a has kind nature and are 100% certain he would not intentionally hurt the boy.

Any opinions would be appreciated

[Mario2008]

If you want legal advise, best to contact a lawyer.

For now I would stick to the position that the children where in the schools care and under their supervision. Don't attack, but see how the conversation develops and make it clear to the other boys parents that you are upset about the accident as well and hope their child is fine.

The school failed in their supervision and you would like an explanation about this this as well, as it could have been your own child that got hurt. I would ask the school why were the children allowed to do do this dangerous game, was there no supervision, what is the school doing to prevent further accidents and if needed make the school understand that this must be solved or you will file a complaint with the ministry of education.

[jackr]

^^ As above. School are trying to wriggle, don't let em. It is 100% on them.

[wym]

Agreed, your child is not responsible, you are not liable.

[JLCrab]

Especially if this is a private school, many school enrollment agreements at least in the USA contain waiver of liability and hold harmless clauses unless negligence can be proven.

[nicelee808]

thanks for the replies, I feel relieved you feel the same.

[nicelee808]

Especially if this is a private school, many school enrollment agreements at least in the USA contain waiver of liability and hold harmless clauses unless negligence can be proven.

Yes, it is a private school, I think negligence can be proved, the kids could tell the story of what they were doing. this plank of wood they were able to obtain was 2 1/2 meters long 12 inch width and around 1 inch thick, shouldn't have been in the school and there was no playground monitor but here in thailand you see health and safety issue everywhere.

[JLCrab]

Well proving negligence is never a slam-dunk especially if the school's insurance company wants to claim otherwise.

[Mario2008]

Safety issues not being addressed in Thailand doesn't make it less legal. The school is liabel and if a child would have died in such an incident the school would have a lot of explaining to do. That this is a much lesser accidient doesn't change the liability, only the results of their neglect are less severe.

[JLCrab]

All I am suggesting is that there may be clauses in the enrollment agreements such that the parent has signed a statement saying the school is not liable.

[wym]

The school not having liability doesn't put it on the OP though.

[JLCrab]

But if the parents of the injured boy want to go after the OP and he has signed a hold-harmless waiver then it would be difficult to lay it on the school.

[Mario2008]

That is where the complaint to the ministry of education is made.

Schools don't like that and will try to negotiate.

[JLCrab]

And hypothetically the complaint is what -- that I signed a waiver of liability when I didn't realize with all that legal mumbo-jumbo that I was signing a waiver of liability?

[Mario2008]

The complaint is that the school is letting their students unsupervised, resulting in at least 1 accident so far.

[wym]

But if the parents of the injured boy want to go after the OP and he has signed a hold-harmless waiver then it would be difficult to lay it on the school.

Not his problem they can't collect from the school, parents don't have any liability for the fact their kids was involved in the dangerous play, kid wasn't responsible.

So they can't collect from anyone.

[Mario2008]

But if the parents of the injured boy want to go after the OP and he has signed a hold-harmless waiver then it would be difficult to lay it on the school.

Not his problem they can't collect from the school, parents don't have any liability for the fact their kids was involved in the dangerous play, kid wasn't responsible.

So they can't collect from anyone.

Not sure about Thai law, but in general the law in many countries states parents are liabel for their children, when a child reaches a certain age the child itself can be hold responsible. Sometimes with a few years in which both parents and child can be hold liabel.

[JLCrab]

A private school might very well have a hold-harmless clause in its enrollment agreement for among other reasons that they cannot maintain sufficient staff to directly supervise every student at every moment of the school day and cannot be held liable for an action that might occur in a matter of seconds.

What the 2 families might work out among themselves is another matter.

[JLCrab]

But if the parents of the injured boy want to go after the OP and he has signed a hold-harmless waiver then it would be difficult to lay it on the school.

Not his problem they can't collect from the school, parents don't have any liability for the fact their kids was involved in the dangerous play, kid wasn't responsible.

So they can't collect from anyone.

So they can't collect from anyone. Maybe -- maybe not. But that might not stop them from trying.

(Edit -- deleted italicized line from quoted post by mistake.)

Edited January 31, 2014 by JLCrab

[Sayonarax]

I concur with Mario2008.

Seek legal council or aid. Admit no responsibilities or comment with any party's involved.

"One would assume the School as taken liability by paying the medical cost." - My opinion

[JLCrab]

I concur with Mario2008.

Seek legal council or aid. Admit no responsibilities or comment with any party's involved.

"One would assume the School as taken liability by paying the medical cost." - My opinion

I agree to say nothing if attend the meeting at all. The school could say any assistance provided to date was done as a courtesy and is no way is any admission of liability.

[nicelee808]

And hypothetically the complaint is what -- that I signed a waiver of liability when I didn't realize with all that legal mumbo-jumbo that I was signing a waiver of liability?

to my knowledge no waiver has been signed or exists

[JLCrab]

That certainly would be in your favor. Good luck.

[nicelee808]

In the UK, they cannot request compensation from the parents, baring in mind it was accidental, they could still seek compensation from the school through the courts, if it was a malicious act then they could seek prosecution, but the child would be a minor and cannot be prosecuted.

[inzman]

I work here as a teacher. The school usually covers medical bills in these types of situations. If anyone is trying it on you, I would be inclined to believe that your white skin is looking like a lottery ticket. Be adamant that you aren't paying anything. Good luck.

[JLCrab]

I work here as a teacher. The school usually covers medical bills in these types of situations. If anyone is trying it on you, I would be inclined to believe that your white skin is looking like a lottery ticket. Be adamant that you aren't paying anything. Good luck.

The school already has advanced medical costs. It is a private school so probably a good portion of the students have at least one white-skin parent. 'Be adamant' and then maybe be prepared to look for another school.

Edited January 31, 2014 by JLCrab

[recycler]

The school is liable and should be insured also for incidents like this.

But they will try everything to push the problem outside the school and put it with you as taking responsibility is not a strong point here. Somebody has to be blamed in the school organization and in Thai organizations that is to be prevented at all times.

The approach as Mario suggests would also be my approach too, but you have to be careful not to push them too far as it may affect the way they treat your son at school if his direct teacher is responsible for the accident.

It's very hard for a Thai to say "sorry this is my fault" let alone "I'll take responsibility for what happened" if forced in a situation where they would have to say something like this they can get a lot less funny.

[Bender]

only in thailand, where they can make a child, with foreign dad, responsible of something!

[SOTIRIOS]

....someone should have been supervising....and planks should not be lying around on school grounds.....

[donmuang37]

Many good comments - certainly you should attend the meeting. Listen, say little except to express the hope that the injured child will recover quickly. Do not accept responsibility; just be polite and remain quiet which is the Thai way.

As for a contract, I would seem very likely that either the mother or father must have signed a contract to place a child in a private school, unless it is a shady one. Whether it contains a hold harmless clause can only be determined by reading it. Ignorance of the law is never a defense, so be sure to read before you sign (or have your wife or lawyer read when in Thai).

Prior to the meeting, you may wish to discuss the situation with a competent attorney. Normally, I would not take a lawyer to the first meeting. After the meeting, review the results with him/her to determine if any pitfalls exist, and if so, what action to take.

I would avoid a court case like the plague! I've lived in Thailand for 11 years and have never heard of a falang winning against a Thai, regardless of how much the evidence favored the falang. Good luck.