TheDenverChannel.com Public Schools Not Liable For After-School Injuries Parents Learn About Sovereign Immunity After Son Nearly Loses Eye POSTED: 8:33 am MDT May 23, 2005 UPDATED: 10:51 am MDT May 23, 2005 DENVER -- Who's responsible if your child is hurt in an after-school program at your neighborhood public school? 7NEWS Investigator John Ferrugia found that the school districts have no responsibility. It is called sovereign immunity. That means in almost every case, if a child is hurt on public school property, even if school officials are negligent, those officials cannot be held legally responsible. One family found that out the hard way. Connor Farnham is an active, athletic kid who has overcome a handicap most would never notice unless you look closely. He is never without his protective goggles. Connor is always aware he has to protect his right eye because he sees little from his left one. Connor injured his eye during a supervised after-school program at a Cherry Creek elementary school paid for by his parents. Several boys were playing with tennis racquets and balls. And one of the boys began hitting rocks with a racquet. "The next batter was waiting his turn and practicing and the other person who wasn't going to bat next was over there and I think that's the one who was hitting the rocks with the tennis racquet," Connor said. "And I turned and the thing -- the rock -- came and hit me right about there," he said, pointing to his left eye. "Conner was down screaming. apparently bloody murder, that they had to send one of the kids running all the way up there to get a supervisor to come down and even address the issue in the first place," said Connor's father, Eric Farnham. He said the adults weren't even watching. Connor soon found out his eye was so damaged he would lose most of his sight. "And that broke Connor's heart, I remember that. And he had a long cry and that's where we saw that's it for his eye, there was no procedure that can fix that," said Eric. Even now, a year later, hearing the prognosis is upsetting for a 10-year-old boy. "We had thought that we had entrusted our child into the care of responsible adults, and found out that he wasn't safe, and he wasn't being watched," said Connor's mother Jill Farnham. The school district never contested the children weren't properly supervised. But when the Farnhams sought compensation for medical bills, they were stunned. "They said it doesn't matter if we were negligent because we have no liability for our negligence. How do you respond to that? It doesn't matter if they didn't do their job," said Jill. "The doctrine of sovereign immunity (is) the king can do no wrong, you can't sue a public school for negligence," said lawyer Dan Galloway, who represents the Farnham family. A letter sent by a law firm representing the Cherry Creek School District makes it clear. It says, "The school district's immunity in this case will not be waived by lack of proper supervision of the students." The letter goes on to warn that if the district is sued it "is entitled to recover its costs and attorney's fees ... Please consider the foregoing in deciding how you would like to proceed in this matter." "I think it is more than chilling. I think I would view it as daring us, almost," said Galloway. "Don't mess with the school district or you are going to pay. That's the intent. The intent is to keep you from holding the school district accountable for their actions." Connor, who continues to play sports despite his fears, faces a lifetime of care for his damaged eye. He is hoping someday medical technology might be able to help him. But for now, it's not the bills or even his uncertain future that has frustrated his parents. "It's not about money. It's not about looking for someone to make a buck. It's about responsibility for the behavior of the adults to whom I entrusted my child," said Jill. A representative of the Cherry Creek School District said officials have no comment on the case because there may be litigation. To be clear, there has been no legal finding that the school district or its employees have been negligent. But if this were a private after-school program or parochial school, parents would be entitled to sue at least for medical bill reimbursement. That's why private schools and day cares have liability insurance. But if your child is in public school program after classes, you are on your own. http://www.thedenverchannel.com/7newsinvestigates/4519276/detail.html |