GASTON COUNTY, N.C. — A Gaston county family has filed a lawsuit against Lingerfeldt Elementary School and Gaston County Schools, claiming their daughter was seriously injured during kindergarten recess due to negligence and lack of supervision.
Marco and Christina Clarot say their daughter Aliza was climbing on school playground equipment in April 2016 when she fell and broke her arm in four places.
They believe that could have been avoided with proper supervision.
“If I was a teacher sitting there I would not be letting four or five-year-olds climbing on something that high," Christina said, showing a photo of the climbing equipment her daughter said she fell off of.
“We got a phone call from the school saying that her arm is a little swollen," she recalled. "I knew right away looking at her arm it was not just swollen. I said we got to get to the hospital. … She had two breaks here and two breaks here. They didn’t even wait, right away they put her under and had to do surgery.”
The Clarot family has now filed a lawsuit against the school, claiming staff did not adequately supervise recess that day, failed to keep the students safe, and were careless and negligent.
The family says they never got a clear answer about what happened to Aliza because teachers were allegedly standing across the yard out of eyesight.
North Carolina law states school staff must be within eye and earshot of children at all times during recess.Christina says that wasn't the case when her daughter fell and shattered her arm.
Because she claims there were no adult witnesses, she’s going off her daughter’s side of the story.
“From what she said too, none of the teachers even came to her she actually got up and went to a teacher to let them know that she had gotten hurt,” Christina said.
Aliza had to undergo several surgeries over the span of a year.
The lawsuit seeks minimum damages of $25,000 for her medical bills, plus pain and suffering.
“I at least want to medical bills paid," Christina said. "After everything she went through that whole entire year she deserves something."
School districts do not typically comment on pending litigation -- still, NBC Charlotte reached out to the Gaston County school district for comment. As of Monday night, the district had not replied.