QUESTION
Can I take legal action against school after they committed a mistake with my daughter?
Asked on Mar 21st, 2013 on Personal Injury - Florida
More details to this question:
On Feb. 14, 2013, my daughter’s school called me to pick up my daughter because she had a pinkeye. It took me 45 min to get there and in that time period a man, complete stranger to my daughter, took her off school premises. The staff never checked who he was or who he was picking up. The cause of in this past month is that she is very insecure and is not wanting to go to school. The school has not given me answers and neither has the police dept. I have filed a police report and gone to the board of education and all I get is "I’m sorry" and "it has never happened before".
7 ANSWERS
Ronald A. Steinberg
Generally, you cannot sue a governmental agency (including a school, a teacher, or the school district) for ordinary negligence. You have to prove "gross negligence." This sounds to me like ordinary negligence, at worst.
Answered on Mar 26th, 2013 at 11:04 PM
If your daughter has suffered damages, even emotional distress, you could prove that the school was liable for its actions. You would probably need medical bills and records, for example from a psychologist who examined and treated your daughter, to establish damages.
Answered on Mar 25th, 2013 at 8:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It sounds like you have done all you can.
Answered on Mar 24th, 2013 at 9:10 PM
Seriously This is a huge breach of their fiduciary duty, but what are the damages? What happened to you daughter? Does she require counseling? What is the cost of the counseling. Have you had her physically examined by a medical doctor? You should and then go from there.
Answered on Mar 24th, 2013 at 9:07 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Tell me what I need before I can pick up a child at school. Court order? Some kind of police ID? Some kind of certificate? Interview by someone on school staff? Who would ever pick up a child at school if any of this were required?what rules apply at school? Any? What rules were broken? Any? What is your child trained to do? Hoiw old is she? You ever spoken to her about such things?
Answered on Mar 22nd, 2013 at 2:44 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can try, but whenever you sue a division of a city, county or state there are all kinds of hoops you would have to jump through, so you should try to find an attorney to handle it for you, but a problem is that if your damages are limited to some emotional distress by your daughter, you may not be able to find an attorney to handle it for you.
Answered on Mar 22nd, 2013 at 12:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Was your daughter molested? If so, you have a major case. If not, then you have a case, but the damages will be significantly less.
Answered on Mar 22nd, 2013 at 12:00 PM