needing advice on a broken ankle

More information needed. Was this a dance class or did you fall off your chair?

How was the school responsible for your injury? That's what you have to point out to the administrators. You say they have already denied responsibility because of the type of accident?? What does that mean?

Did you sign anything that absolved them from responsibility before starting the class?

Take the bills for your injury and ask for an appointment with the Provost of Students or whoever oversees the conditions of the Student Body. Explain to the Provost what you are asking for is shared responsibility, 50-50, 60-40, you decide. You can ask for them to pay the whole bill but that's really unlikely. If the school remains adamant about not paying anything mention that the cost of a lawsuit, including defending one even in Small Claims Courts, would exceed the amount necessary to pay the medical bills and that you are merely trying to save them further trouble and expense.

Then tell them they have ten business days to think it over and send their reply.

Use the ten days to research how to file a Small Claims Suit on your own.

good luck

oh, and thanks for being a teacher.

Joe

This accident happened when participating in a PE class. We all had to teach a lesson on a specified topic. The topic was jumping. The ladies who were teaching this concept chose to have us to an obstacle course that wasn't timed, we just went at our own pace with a group of 3-4 people. Our last obstacle was to leap over a rope that was about a foot off of the ground and when I landed, I dislocated my ankle (about 45 degrees) and I was broken also. It required a trip to the ER (only about a mile). When I say that the school says that they aren't responsible for this type of accident, I took it as, if the basketball goal fell on me and hurt me, then that's their responsibility. They really didn't say much other than that, but I've kept pushing and they filed a claim with the state (I guess the Board of Regents). He told me that this would require an investigation and I told him that they could question me all they wanted and that there was even a video showing what happened. My whole thing is, I am required to participate in this class or I fail. While participating, this freak accident happened and I am now responsible. I feel that we should've had to sign a paper saying that we were responsible for any accidents that may happen in this class, this way the school is definately not held liable.

There is no liability for accidental injury in the absence of negligence.

To state a claim for negligence, the following four essential elements must be proven by the preponderance of the evidence (more likely than not): duty, breach, cause, and damages.

The elements are more fully explained in this article:




http://www.rbs2.com/labinj.htm