Charter School Pays Policy Limits for Injury to Student
CaseA.R., a Minor v. Homestead Charter School
CourtMiami Dade County Circuit Court, 11th Judicial Circuit
AttorneysDavid W. Lipcon, of Lipcon & Lipcon, P.A.
Injury on school playground.
A.R. (name withheld to protect the identity of the minor) only 5 years old, was
a student at Homestead Charter School. On October 4, 2010, after it had rained
for hours, A.R.’s teacher brought the class outside to play on the school
playground. Despite being cautioned by other teachers that the monkey bars were
slippery and muddy, due to the rain, A.R.’s teacher allowed the children to play
on the monkey bars. When A.R. climbed to the top, because the bars were
slippery, his hands slipped, causing him to fall to the ground. The fall caused
him to fracture his forearm.
A.R.’s parents hired the Law Firm of Lipcon
& Lipcon, P.A., a law firm in Miami, Florida that specializes in personal
injury litigation. Lipcon’s investigation confirmed that other teachers at the
school did not allow their children to play on the monkey bars because of the
wet, dangerous condition.
The insurance company argued that the teacher
was not negligent and that there was no liability for children playing on
playground equipment. After months of negotiation, the lawyers at Lipcon &
Lipcon were able to convince the insurance carrier, for the school, to pay the
full amount of bodily injury coverage available.
Settlement for full amount of insurance coverage available