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THE MISARRANGED BUS
Q: One morning, my three-year-old daughter was transported to
school. Upon arriving, a bus attendant unbuckled Daisy and led her to the
front of the bus. At the bus stairs, the bus attendant handed Daisy to a teaching
assistant employed by the school.
The teaching assistant then took Daisy's hand, and brought her to
her classroom. In the classroom, Daisy's teacher discovered that Daisy's left
hand was bleeding.
Later that morning, Daisy's pediatrician determined that Daisy had
sustained a partial amputation of the tip of her left pinky finger caused by a
razor-type blade, requiring surgery.
When I boarded the school bus the following morning to inquire
how the injury occurred, I observed a seatbelt cutter – a partially exposed
non-retractable blade in a plastic casing – near the bus door. The cutter was
affixed to the mechanism used to open and shut the bus door, and the children
would need to pass by it while disembarking from the bus.
A: Your attorney is likely to argue that the bus company was negligent
in its placement of the seatbelt cutter in close proximity to the door of the
school bus, and that negligent placement of the cutter proximately caused
Daisy's injury. You will also want to sue the school, just in case your daughter
was injured while in the custody of the school and its employees, rather than
on the school bus.
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