I am not a lawyer, but . . . . <Mom> - if your school and/or district assured you that you are covered under their umbrella policy - I would ask for a letter from their attorney, on district and/or school letterhead stating that just to CYA. I was given similar information but when I pressed for written verification none could be provided. We did not even hesitate to purchase insurance. We also required vendors who came on site for PTO events to provide us with a certificate of insurance naming us as an additional insured.
It's truly a shame that basically we are buying lawsuit insurance - but this is America, after all, the land of the home and the free to sue!
My second suggestion we implemented when I was on the board for two reasons, which I will explain in a second or two. We purchased very inexpensive labels that read something like:
Item donated to and property of _______ school by the PTO purchased with funds raised by the students, staff, families and community.
These were affixed to anything we purchased from books to equipment. Reasons we did this?
#1 - It shows that the item is the property of the school.
#2 - It shows that it BELONGS to THAT particular school. The district and some of the teachers had been taking liberties with things - and either removing them for other use - or transferring things from one school in the district to another. We wanted to ensure that things that were worked so hard for by that school community were enjoyed by that school community. While it may sound selfish - you just had to see things walking out to understand.
I'm wondering if these labels would help in a situation like yours. Now for playground equipment and the like you're probably looking at more like a plaque or a sign or something, but it's a thought in the future.
Now my next question - $20,000 for the broken arm of a 2nd grader? I can see her medical expenses that were not otherwise covered by insurance being REQUESTED, but SUED? My son had his thumb broken while at a national chain of day care centers - I asked to be compensated for out of pocket expenses and they gladly did this - probably because they thought (and rightly so) that I wouldn't sue if they cooperated. Now, I wouldn't have sued anyway, but they did the right thing regardless of their motivation.
I guess that just goes to show the different mentalities of those of us who work our tails off for the good of the common goal, as opposed to those who expect something for nothing.
O.K. - now here's my clincher - if your attorney suggests that you settle on this one - I would suggest that since the injured party was a child, that any money be paid only in trust for THAT CHILD when she reaches the age of maturity - i.e. the money does not go to the parents, it only goes to the little girl and only when she is of legal age to endorse the check. Perhaps she will have a conscience by then and return it to the PTO.
Sorry this is so long - but you got me on one of my soap box days.
Have you checked with your School District office regarding the PTO's insurance coverage? Our business office assured me and the insurance company representative confirmed it to me, too,that the PTO is covered under our district's umbrella general liability policy. Presumeably, that means if we were sued, the insurance would cover it. However, your story reminds me we need to get that in writing. Good luck.
This is just incredible...my question and it's probably the $1million one, why is the family sueing the PTO and not the school? The playground was built on the school's grounds right? Can the PTO counter the parent's of the darling little boy for neglagence (where were they when he decided he could "fly"?)
How is the principal about all this? I personally would question your Board of Education response. How is the School District's Board reacting to this? If a school is not going to protect or help their PTO...I don't want to say this but why are we breaking our backs for them?
You've got me thinking...I'm going to talk to some staff tomorrow.
I hate to hear that the suit could put a huge damper on volunteering or involvement. That would be terrible for all. The good news is that PTOs (and PTO leaders) can get protected for a reasonable insurance premium. More and more PTOs are doing so every year. We strongly advise it. Stories like yours are not uncommon, and -- certainly -- stories of theft or property loss are too frequent, as well. These and other risks are "coverable."
Okay can you believe this. I have lived here all my life and can't believe what is going on. One of the PTOs in our town is being sued. Here's the story. At desert with Dad last June a boy in 2nd grade was on top of the new playground equipment (that the PTO killed them selves raising money for). He jumps off and lands on a girl in 2nd grade. She brakes her arm. Now on Wednesday the PTO gets served with papers saying the boys family is sueing the PTO. This is happening because the girls family is sueing the boys family for $20,000. The PTO now has to hire a lawyer to find out what to do next. I am furious. The girls mother knows the PTO president and says she isn't sueing the PTO and yet she's hearing rumors of her involvement. Well she's an idiot if she doesn't see that sueing a 2nd grade boy is the first step in this stupid law suit. Do PTOs now have to pay for insurance in case someone gets hurt at there functions? Depending what happens this may be the end of all the good work PTOs do in this town. No one wants to get wrapped up with law suits considering this is all voluntery. The Board of Education can't help because the law suit is only for the PTO and they are not part of the school system. Please let me know any thoughts on this and if there anything the PTO can do. Does everyone have insurance for something like this? I would like to print out any replies to give to this poor PTO president so that she can see how outraged everyone can be over this. Thanks,
