Appellate Practice Attorney serving New York, NY
Your son can certainly sue the teacher, and appears (without knowing the circumstances) to have a meritorious case. He can also sue the school, but may not win. It depends on whether the teacher was acting within the scope of his/her employment when he/she kicked your son or, if not, whether the school's negligence caused, or was one of the causes, for the incident, such as by not providing adequate security or by hiring a teacher with known violent tendencies.
Answered on Mar 27th, 2014 at 12:21 PM