QUESTION
what should the school do if they know my 15yr old son has been injured in an unprevoked attack and he runs away from the school
Asked on Oct 12th, 2017 on Education Law - New York
More details to this question:
my son ran away from school after he was attacked as he felt his head of year would find a way to blame him, he was so worried about his teachers that he asked a complete stranger to bring him home. the school phoned me to say he had been injured but had run away and they didn't know where he was that was at 11.40am. I didn't hear from the school again until after 2pm when discovered they had done nothing to find my son. should they have called the police when he ran off knowing that he was bleeding and had been put in a choke hold by the other boy until my son was on the floor, we think he may have passed out as he only remembers the boy grabbing him from behind and the nxt thing he was being helped up off the floor.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
1 Award
You don't say when this happened, but if it was more than 90 days ago and you didn't file a notice of claim against the school district, you can't sue them. But you still need to find out the identity of the student who assaulted your son and make a police report. You may be able to sue the student for damages and/or the family of the student if the student was underage. If there were no witnesses other than your son that will be a problem, but you should still do all of the above. Assuming this happened less than 90 days ago, serve the notice of claim and sue the school for negligent hiring and supervision for allowing your son to be injured and run out of the school over two hours.
Answered on Oct 19th, 2017 at 11:50 AM