My daughter was injured at school can I sue the school?

More information would be required to give an accurate response, but generally schools are not responsible for all of the injuries sustained by children which are inflicted by other children, unless the student causing the injury had a particular propensity for violent behavior and a history of doing so in the past and the school failed to supervise that student or protect the others, or if, for example, the student was in the process of repeatedly throwing rocks at other students in the presence of school staff and the staff did nothing to stop or prevent the behavior (both of these scenarios are pretty unlikely). You might have more success making your claim to the parents of the student who threw the rock, let them tender the claim to their homeowner's insurance and see what their carrier does. You should also ask your doctor whether your daughter will likely have any permanent scarring or require scar revision in the future, as this would be a component of her damages. In any case, I recommend that you consult with a qualified attorney regarding this matter.

The school may have coverage for your child's medical bills. However, in order for the hospital to be liable for pain and suffering, you must prove that the school was negligent and it resulted in your child's injuries.

Yes, but what are the damages. You may end up paying more for the attorney than you actually recover. However, you should consult with an attorney because there may be factors that would lead to a different result.

Only if it was caused by negligence on behalf of the school.

No. The school is not responsible for all the acts of other students.

As I always say, you can sue anybody anytime for any reason, but the real question is whether you can win. In particular, the question is whether the school is liable. You haven't given me enough facts here to really answer the question, but I'll give it a shot. The first problem you run into is that School Systems are immune from suit and their employees enjoy limited, or qualified immunity from lawsuits as they are considered to be government employees. The 11th Amendment to the Constitution says you can't sue the Government. But, of course, as with all rules, there are exceptions. In your particular case, you may be able to sue individuals within the system responsible for the safety of your child if you can prove they violated some law, rule or regulation and your child was hurt as a result of that violation. You would somehow have to show that they knew or should have known that that child would throw a rock at yours and they failed to prevent it from happening. That may be kind of tough to do. But don't lose sight of the real culprit here..the kid who threw the rock. That is an assault and battery, which is a crime. Assuming the child is a minor, it would be a matter for the Juvenile Court System handle. Juvenile Court Prosecutors can require that the offending child pay restitution as part of their punishment if they are convicted. That may be another possible recourse for you. Good luck.

The question will be whether the school (by its employees) has a duty to supervise so as to prevent this kind of thing. If you have a claim against a state or municipal employee there are fairly strict Notice periods. Check with a lawyer. But the main thing is that you must file a Claim and Notice of Claim and serve it on the employee and on the Clerk of the municipality within 120 days of the occurrence. Good Luck.

First of all, I hope your daughter is feeling better. Secondly, and in response to your question, you can possibly have several grounds under which to sue the school. But, determining whether you should bother with filing any kind of action against them requires that you provide a lot more facts. I highly suggest that you contact a personal injury, as soon as you can. And, since many of them, like myself, provide free consultations, you have really have no reason not to call today.

You can only sue the school (successfully) if you can prove the school was negligent. Just because some other student threw a rock at your daughter doesn't mean some teacher was not doing her job. Why don't you make the claim against the homeowner's insurance of the kid who threw the rock?

Excuse me but why do you think the school is responsible for the bad behavior of a student? I really would like to know your thinking.

You would have to prove that a school employee knew or should have known that the other kid was going to throw the rock and failed to take reasonable steps to prevent it.