QUESTION

Do I have a case against the parents of the children who hit my daughter?

Asked on Sep 12th, 2012 on Personal Injury - Louisiana
More details to this question:
At school, my daughter was approached by some students during recess. One hit her stomach, backside, arm, and face. I plan to speak to the principal but I need action to be done towards kids and parents. My daughter informed the teacher and I was not notified until my daughter got home.
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13 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Yes.
Answered on May 28th, 2013 at 8:09 PM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 3:19 AM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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No.
Answered on May 22nd, 2013 at 3:18 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You likely to not have a case against the parents of the children who assaulted your daughter as the parent's themselves would have had to done something for you to have a case against them. For example, if the parents specifically told their children to assault your daughter or if the parents were school volunteers who were supposed to watch the children during recess you might have a case. While these are only two examples there probably are not many other situations in which you would have a case against the parents. You do not specify any of the children's age, which likely does not make a difference but does make it harder to answer your question. You and your daughter would have a case against the students who assaulted your daughter. You may want to talk to an attorney about the incident. As noted, depending on the specific facts and circumstances surrounding the assault there may be a case against the parents.
Answered on Sep 18th, 2012 at 5:25 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No. I don't think son.
Answered on Sep 18th, 2012 at 5:24 PM

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Ronald A. Steinberg
Under the "anti-bullying" legislation, you should be able to get some help from the school. As to the parents of the children, I would ask the school to help set up a meeting, on school grounds, for you and the parents to speak. Unless the kids had a history of that kind of behavior, you cannot sue the parents. Your daughter, through an adult, could sue the kids, but I think that would be even more traumatic for a child than the injuries themselves. Once the parents have been warned, if it happens again, you can sue the parents AND the kids. The school, the teachers and the administration are immune from suit unless they had committed gross negligence.
Answered on Sep 18th, 2012 at 5:24 PM

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Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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The parents aren't responsible for the actions of the child but the child is an insured under the homeowners policy of insurance.
Answered on Sep 18th, 2012 at 3:33 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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The parents can be held liable for the actions of their child. In the case of Singer v. Marx, 144 Cal.App.2d 637 (1956) the court held: The parent has a special power of control over the conduct of the child, which he is under a duty to exercise reasonably for the protection of others. He may thus be liable for failure to take reasonable efforts to restrain and correct [the child] when he manifests a tendency to beat other children with a stick, or engages in other dangerous behavior. Liability will attach where parents know or should know of their child's past actions and fail to warn others to be on guard. The California Civil Code holds that parents will face liability for any act of willful misconduct by their children that results in injury or death to another person or damage to another's property. To avoid financial devastation, the same Code limits parents liability for non-vehicular caused events to $25,000 for each separate act of their children. Additional liability is imposed upon parents when their child causes injury or death to a student. Liability is limited to a maximum of $10,000. The parents also may be held accountable for any reward paid by a school district, in an amount not to exceed $10,000. You should obtain a free consultation with a personal injury attorney. Make sure he or she is aware of these two Civil Code sections before hiring the attorney.
Answered on Sep 18th, 2012 at 3:30 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should consult with a lawyer who handles school cases on behalf of students and their parents for specific legal advice and direction.
Answered on Sep 18th, 2012 at 3:30 PM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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I don't see a case against the parents because the kids were in the school's care. Any suit - if injury warrants - would be against the school. Consult a personal injury lawyer. If a public school there is a Notice of Claim requirement that must be met within 90 days of the incident.
Answered on Sep 18th, 2012 at 3:16 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Parents are not responsible for the torts of their children. Use the school administration to achieve whatever result you think is appropriate.
Answered on Sep 18th, 2012 at 3:00 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Only if the injuries are significant. Otherwise, it is just not practical.
Answered on Sep 18th, 2012 at 3:00 PM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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Yes, the parents are liable for the actions of their children. Did your child sustain injuries sufficient to pursue such a claim?
Answered on Sep 18th, 2012 at 2:59 PM

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