QUESTION
Can I sue the school if a teacher is bullying my son?
Asked on Mar 09th, 2012 on Personal Injury - New York
More details to this question:
Can I sue my son's school or teacher? Yesterday I found out that my son's teacher cussed at my son and then kicked a desk onto my son and admitted on the phone when I called the school to me and to the assistant principal. This is not the first problem I had with this teacher, but the school suspended my son and it wasn't cause of that. It was because she was hurt and my son and he wouldn't do any work. She knew she was wrong because she did not tell anyone or her boss about what happened. That's improper expulsion, bulling by a teacher and nobody will do any thing about it. What do I need to do?
11 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Go to the administration.
Answered on Jun 19th, 2013 at 12:39 AM
Yes, you possibly can. You should consult with an attorney who handles bullying cases for legal advice and direction.
Answered on Jun 19th, 2013 at 12:36 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No.
Answered on May 30th, 2013 at 8:34 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Ask to have the teacher prosecuted for assault if the desk hit your son.
Answered on Mar 12th, 2012 at 5:17 PM
Yes, if you follow the correct administrative procedures you could sue the school and teacher for assault and battery. However, be sure you have all the facts before you get too involved.
Answered on Mar 12th, 2012 at 4:04 PM
As a lawyer I don't see a case, but I'm probably not the right lawyer to ask this question. I think students get away with far too much and the teachers are frustrated because students today don't want to do the work. Your son wasn't injured, he was just being pushed. Yes he was "touched by the desk" but so what? Do you really think this is a reason to file a lawsuit? I suspect your son's insubordination is what got him suspended. My father told me, "You don't want me to go to school because if I am I'm taking the teacher's side and you're in trouble." My kids heard different things from their mother and I and I'm sure you can guess my position was like my fathers. I'm an former soccer coach who refused to hand out participation trophies. These trophies build defective characters. Teach your children to obey and to work hard, not to sit in the classroom taking up space. Your boy probably needs a good kick in the pants, not a lawyer.
Answered on Mar 12th, 2012 at 1:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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But if a teacher is misbehaving I would report it in writing to the principal. If no action then write each member of the school board a. write the superintendents office and ask for permission to talk to the school board, Make sure your kid is simon pure If your kid is also misbehaving you may not get any help from anyone.. you can always file a lawsuit but the cost will be prohibitive for most folks
Answered on Mar 12th, 2012 at 1:05 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Complain to the school superintendent. If that doesn't work, get an attorney involved.
Answered on Mar 09th, 2012 at 9:37 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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How did a teacher kick a desk onto your son? You call it "bullying" because that is a good buzz word but this sounds like disciplining a difficult student. Your son's performance in school predicts his performance in life. If he can't make in school, he will likely fail at life when he gets out of school. I think going to war against the school sends the wrong message to your son. If he is the problem, blindly supporting him may make you feel good because you are acting on your instinct to protect your son, but maybe he needs some tough love from the teachers. Swearing is not professional, but sometimes them kids push you to the end of your patience. Ask the superintendent to put a camera in the room and you watch how your son is acting in class. If Johnny can't read, write and figure, he will fail in life. Good luck.
Answered on Mar 09th, 2012 at 2:46 PM
Criminal Law Attorney serving Salem, NH
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Law Office of Patrick E. Donovan, PLLC
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You could sue the school district, but you are not likely to get anything or anywhere given the immunities granted to municipals and the scant damages. You could file a complaint with your town school board and demand a hearing on the suspension and the teacher's behavior.
Answered on Mar 09th, 2012 at 2:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't think suing is the answer. Discuss this in person with the Principal and a member of the Board of Education. Tell them that if you are not satisfied, you will be going public with this. But, if you do, be careful that everything you say is factual and is backed up by evidence.
Answered on Mar 09th, 2012 at 1:55 PM