Connecticut Child Injury Lawyer Blog

A Seymour, Connecticut child was injured when a pellet gun was accidentally discharged in his friend's bedroom, according to a Connecticut Post article this morning (see December 21, 2010 P.1 headline). The 13 year old suffered a serious and "life threatening" head wound. The article goes on to state that the gun went off accidentally while the kids were rough-housing, and not while the gun was being used by anyone at the time, and all while the children's parents were at home.

Questions abound: What was a pellet gun, capable of killing someone, doing in a 13 year olds bedroom? Why is such a weapon not locked while not in use? Did the parents of the injured child know that this deadly weapon was in the house at all, let alone unlocked and able to discharge inside the house? Who is legally responsible for the damages caused by this unsuperviseed situation? I can at least answer that final question:
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An Easton, Connecticut student's attempt to break up a fight on the Staples Elementary School recess field resulted in her being seriously injured with a broken arm. In the realm of "no good deed going unpunished," the student's injury could have been prevented, say her parents, in a lawsuit alleging negligent supervision against the school's principal and the Easton Board of Education.

Boards of Education, and each school under its purview, are required to have safety protocols in place with regard to how teachers and others supervise students both inside the classroom, and everywhere else on school property and during school sponsored activities. Having those protocols is not, however, enough. There must be affirmative steps taken at all times to ensure those protocols are followed, every day. Unfortunately, even a small lapse in procedure can result in a serious compromise of student safety.

In this Easton, Connecticut school playground injury incident, one of the key elements of the claim is that there were too few recess monitors, a seemingly easy problem to have prevented. The girl's injuries are alleged to have been a broken arm requiring surgery, which has left her both mentally and physically scarred. In negligent supervision claims such as this one, it is the injured party's burden to prove that the school's negligence (not having adequate protocols, too few recess monitors) caused her injuries. If it is clear to the students that certain behavior will not be tolerated, and that there are teachers and staff diligently watching them, the risk that students will fight, or be bullied, is dramatically reduced. At the very least, we can be more comfortable that those to whom we entrust our children for most of the day are as safe as they can be.

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