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my 4 year old child got his right middle caught in door at…

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my 4 year old child...
my 4 year old child got his right middle caught in door at school.There were 3 teachers on site. He had to have 9 to 10 stitches in his finger.
Submitted: 6 years ago.Category: Criminal Law
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2/28/2012
Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
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Hi and thank you for using JustAnswer!

I am sorry to learn of the circumstances you've described. Please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?
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Customer reply replied 6 years ago
well i wanted to know if i can take legal action for this incident
Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
Were you present when it occurred?
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Customer reply replied 6 years ago

no i was not present when incident took place. I recieved phone call three minutes after it happened from my mother. When i arrived to pick my child up his was already bandages up so i didnt see how bad it was until i made to the emergency room. My child was transported from er to the childrens hospital in memhis,tn. Where he recieved treatment.

 

Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
Thank you. What did your son say happened? What did the school say happened?
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Customer reply replied 6 years ago

The children were going in and out of the building door to enter the playground. The teacher said my son went in the building to get some water something she really doesnt know because she was still sitting at playground with the other two teachers talking when his hand got caught in door. She said told him come out the door thats when his middle right hand got caught in door

Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
Thank you. From the facts that you've described, no one intentionally caused the injury or committed a legal wrong. What occurred was an "accident" and these things happen. When in elementary school, I, myself got one of my fingers smashed when a solid metal door was closed on it (not by me but a classmate). It was nasty.

It's a terrible experience. Especially for a little one like yours. But, it's an accident and these things happen. The school is not legally responsible for the accident.

Look at it a different way: if the same thing had happened at your home, state child protective services officials would not be charging you with child abuse. The same rationale applies.

It was an accident. Nothing more. There is no legal action that can be taken.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied with your information needs. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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Customer reply replied 6 years ago

my thing is why they letting these small go in and out by themselves thats not a light door. I see what you are saying. I think with three teachers there somebody needs assist the children with the door to prevent. There are no teachers in the building when the kids come for a drink of water or to go to the restroom. They can easily go out the front and get hit by a car or something. All of the teachers are in the back so how can see whats going on inside. Thats what i mean.

Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
That's a very good observation that you can discuss with school officials. You most certainly should call them to make an appointment to meet with them and share your concerns. It very well may be something that they haven't considered before.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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If you have other questions on different matters, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.
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