Suing school district?

[Tony]

http://www.castanet.net/edition/news-st ... htm#191874

So, this 19 year old kid is suing the School District for an accident that he lost the PART of two fingers from in wood shop. What career path has he taken that he is just now finding out that he needs those two fingers? Maybe he should pick a different career? I wouldn't suggest woodwork - he's not adept at thinking that whirling blades will hurt if you stick your fingers into them.

This wouldn't make it to court if I were a judge.

[Fancy]

The claim alleges the accident was caused by SD 67 negligence in failing to instruct Hormes how to properly use the jointer or take adequate safety precautions and properly maintain the saw-type tool.

Why did he wait 5 years?

[pentona]

Why did he wait 5 years?

Exactly. Surely he knew about and suffered from the injuries in those past 5 years. In most situations, the limit is two years but not always: https://news.gov.bc.ca/stories/bcs-new- ... its-to-sue

[Fancy]

Dawned on me it has to do with his age. Can't sue under the age of 19.

[Tony]

I am not 100% sure but couldn't his parents have sued on a minor behalf?

This is nothing but a sad attempt at getting money.......

[Chyren]

The reality is that he WILL get paid.

Civil matters are all based on a balance of probabilities and percentages. If he sues for X amount and the School is found to be 50 percent at fault then there's your outcome....minus law fees.

[Fancy]

I am not 100% sure but couldn't his parents have sued on a minor behalf?.

May not have been in the position to do so or didn't care - too many reasons to list.

[pentona]

May not have been in the position to do so or didn't care - too many reasons to list.

Or maybe never thought of going to court over it, until he was contacted by a hungry lawyer? Is entirely possible.

[GordonH]

It's been many many years ago for me when I took WoodShop, our Instructor had a variety of wooden made push sticks. Our hands would never come near the blades.

Similar idea to this one:

two-hand-push-block.jpg

He had assortment depending on width of item being jointed

[Tony]

It's been many many years ago for me when I took WoodShop, our Instructor had a variety of wooden made push sticks. Our hands would never come near the blades.

Similar idea to this one:

two-hand-push-block.jpg

He had assortment depending on width of item being jointed

Same with me GordonH. The issue may be here, that the young man didn't use the push-block. With WorkSafe and safety such a high visibility item now, I have a hard time believing that every student wasn't instructed to use a push block. There's always going to be one that "doesn't need it,it's just a quick joint I'm doing".

[Anonymous123]

Isn't there a release form that is filled out when you take shop classes?

[twobits]

Isn't there a release form that is filled out when you take shop classes?

A minor cannot be held to a "contract" unless it is for a necessity of life. Food, clothing, shelter. The waiver he may have signed is in essence a contract that cannot be enforced. I do seem to recall that any waiver had to be signed by the parents or legal guardian for this reason and it probably was.
The two year limit for civil action has loopholes however. Liability is not absolved just based on a 2 yr period if one did not realize they were damaged until a much later date. That is what is happening here and the reason for the lawsuit. The kid now believes that his injuries are limiting his employment opportunities and has continuing discomfort at a much later date. That could get him past the 2 yr limit on civil law filing dates but he still has to prove that his injuries were caused by negligence of instruction or supervision.
The litigation here would entail the testimony of classmates, instructor, and countless school district management that would cost copious amounts of dollars. What is going to happen because of the cost's associated with prolonged litigation here for both sides, is a quiet little settlement for the dumb *bleep* that didn't pay attention in a class with dangerous equipment, the dumb chit will get about 5k for the skin on his fingers, and the taxpayer is going to pay the 5k because it is cheaper to just do it that way.
And all we will hear about it is that a settlement was reached without any admission of of liability for an undisclosed sum of money we get to hand over to the dumb chit that was not paying attention when he should have been. IMO, this is nothing more than an insurance fraud scam where one claims whiplash, makes a claim for payment, gets a payment, and all just because it is cheaper to pay than call bullchit and fight the claim.

[Anonymous123]

I get the minor thing. When my kids were in Pen Hi I seem to recall having a form to fill out and sign that absolved the School District of any liability.

[TylerM4]

I know what the outcome will be here.

No more woodworking classes, apply another layer of bubble wrap.