QUESTION
What action can I take and should the boy had been arrested by the school?
Asked on Oct 29th, 2012 on Personal Injury - New York
More details to this question:
My child was assaulted at school and was injured. The school say they are not responsible. I think they are. My child was choked to the point where he passed out and received several injuries. I was not contacted nor was he checked out by the nurse.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a police report and see an experienced attorney.
Answered on Nov 02nd, 2012 at 5:22 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Your primary action is against the the parents of the bully. The parents can be held liable for the actions of their child. In the case of Singer v.
Answered on Nov 01st, 2012 at 3:01 PM
If the school was aware of the propensity of the boy who assaulted your son and he had assaulted others before and took no action to prevent him from harming anyone else, your son might have an claim against the school. As for the failure to notify and/or treat, I believe you would have to prove that somehow increased the damages to your son in order for him to have a claim. You should also check school policies for the notice that the school is required to provide regarding injured students.
Answered on Nov 01st, 2012 at 3:01 PM
I thought this article might be of interest to you as you work through this with your school administration: New West Virginia Anti-bullying Campaign: A new statewide campaign to end bullying kicked off Thursday morning at Lewis County High School with a message that "It Does Matter." The State Department of Education started this campaign to make students and the community realize that bullying does happen and that everyone can stop it. It Does Matter is a website with information on what is and is not classified as bullying and what parents, teachers, students or other individuals can do to get rid of this behavior. "That we can communicate to everyone that this is a problem and that we all can do something about it and that we all need to get passionate about it, not just the people in the schools," said State Superintendent Jorea Marple. She said that there were 57,000 incidents of aggressive behavior in the schools last year and she wants to see that cut in half this year.
Answered on Nov 01st, 2012 at 3:00 PM
Thomas Edward Gates
File a police report for assault 4.
Answered on Nov 01st, 2012 at 7:11 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There are precious few facts here. normally a school is not responsible for the criminal behavior of an individual. Why do you think the school should be? Under certain circumstances they perhaps might be but you haven't told me enough about what really happened and what really is the situation. Just a simple act of bullying does not give rise to any claim
Answered on Nov 01st, 2012 at 5:11 AM
You should at least consult with a plaintiff's lawyer who handles school cases, including those involving injured students. Perhaps that lawyer can file a claim with the school's insurance company first to try to seek relief for your injured childf.
Answered on Nov 01st, 2012 at 4:53 AM
Ronald A. Steinberg
Report it to the police.
Answered on Nov 01st, 2012 at 4:04 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I would go down and speak with the principal and ask them why they believe they are not responsible; they are supposed to be supervising the students while they are in school. You need to consult with a good personal injury attorney since bringing a claim against the school is a very complex procedure that you probably wouldn't be able to navigate on your own. Section 768.28, F.S., would be controlling and there are hoops that you need to jump through which at attorney would know how to do. I would also ask the principal what steps have been taken to assure this incident will not happen again, i.e., has the student who did the choking been suspended or expelled?
Answered on Nov 01st, 2012 at 4:00 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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For the school to be liable, you must show that the school was negligent in some way. This might involve having knowledge that the child who attacked your child was dangerous and should have been watched, or evidence that a teacher or employee was nearby and could have stopped the assault. As far as not informing you nor getting medical attention, that is irrelevant to liability unless you could show that your son's injury is worse because he not get medical attention quickly enough. The school has some discretion as to whether to press criminal charges against the attacker, and it depends on whether it is clear who started the fight, and other factors.
Answered on Nov 01st, 2012 at 3:32 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The school might be liable but that is very difficult, the party responsible is the person who assaulted and battered you child.
Answered on Nov 01st, 2012 at 3:31 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A police report should of course be filed. Whether they make an arrest is up to them. Yes, you should have been notified and you should demand answers as to why you were not. But by then the damage had been done, so there is no cause of action for that. The school can only be held legally liable for the assault if there is evidence showing that they knew or should have known that this was going to happen.
Answered on Nov 01st, 2012 at 3:24 AM