QUESTION
What can I do if my disabled son was sexually assaulted at school?
Asked on Oct 06th, 2011 on Personal Injury - Florida
More details to this question:
My son is autistic and in high school. He was sexually assaulted in school during a time when his aide was not present at lunch period. This has been happening to him for the last 3 years until discovered a few months ago. The other student was charged and convicted. Is there any liability on the school's behalf in this case? This was happening during school hours and the other student is not disabled. 3 years ago, this student was asked by the school to be a positive peer support person to my son and signed a contract agreeing to do so.
19 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes, the school may be liable for failing to notice.
Answered on Apr 10th, 2012 at 10:25 AM
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If there were a failure to supervise yes.
Answered on Oct 28th, 2011 at 1:21 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Contact the local District Attorney's office and explain what took place.. and do it right away. The DA's office is there to prosecute criminals. Do not wait. They should be able to advise you as to other additional agencies that may be available to assist your child as well. You have a moral duty and may have a legal duty to report this.
Answered on Oct 28th, 2011 at 1:21 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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We would probably need some more facts and circumstances to ascertain what the school did wrong. Whether this was going on in an area where they should have been supervised or what negligence there was on the part of school administration. You should discuss with an attorney that has experience suing school districts (assuming this is a public school). If it is public, you have to deal with the tort claim process, which has a shortened time frame to make a claim (usually 6 months), but certain rules may be in place for minors.
Answered on Oct 28th, 2011 at 1:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the school was negligent in any way it may be liable but the school cant watch your son 24/7. Why did the son (and you?) permit this to continue for 3 years without taking action?
Answered on Oct 28th, 2011 at 1:21 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
That is terrible. You should really contact an injury attorney in your city to discuss things in person. That is a pretty serious and fact specific scenario to gain advice from a general inquiry.
Answered on Oct 13th, 2011 at 10:38 PM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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We are truly sorry to hear of your son's situation. Having represented numerous families who have unfortunately experienced similar issues, we understand the horror you and your family must be dealing with regarding the school's apparent lack of supervision of your son. Schools have an absolute responsibility to provide proper supervision for the students placed within their care, particularly when the child is one of special needs. We suggest you contact a personal injury attorney with experience in handling school abuse cases, such as our firm.
Answered on Oct 11th, 2011 at 11:21 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There may be liability, but it is no automatic. The school is not responsible for the other student's actions as it would be if a school employee had assaulted your son. However, if the school was negligent in failing to provide enough supervision of your son, it may be liable.
Answered on Oct 10th, 2011 at 2:08 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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This claim is very fact intensive but yes the school district can have liability for this particularly if it was ongoing and you can show that school officials (teachers, principal, etc.) either knew or should have known that it was happening.
Answered on Oct 10th, 2011 at 11:39 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Sue the suspected offender and the school.
Answered on Oct 10th, 2011 at 11:18 AM
The school could be liable for this, if you can show that it was negligent in not providing an aide during the lunch period. You should talk with an attorney because cases against governmental entities such as a school are very complex and difficult.
Answered on Oct 10th, 2011 at 9:37 AM
You can sue the offending student, although collection may be difficult at first. You may sue the school for its negligence. You should consult a personal injury attorney with all of the facts, including details of the offender's conviction, to determine exactly which causes of action you may bring against whom and your likelihood of recovery.
Answered on Oct 10th, 2011 at 9:36 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the school knew or should have known of the offender's propensity to do harm then it might be liable. Be wary because a notice of claim must be filed within thirty days of the offense.
Answered on Oct 10th, 2011 at 9:23 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You may have a valid negligent supervision case. You must file a notice of tort claim right away. You should contact an attorney asap.
Answered on Oct 08th, 2011 at 12:12 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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The facts of your case are horrific and could bring a large jury award or settlement if the legal foundation is there. You should consult with an attorney in your area who specializes in this type of case and schedule a consultation.
Answered on Oct 07th, 2011 at 11:47 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You may have a claim against the school and/or school district for negligent supervision but you should act promptly. To bring a claim against a public high school requires a statutory notice of your intent to sue be provided within 180 days of the negligent act. The only exception to the notice requirement is if the claimant is under a legal disability. When an injured plaintiff seeking damages from a public entity is disabled, the 180-day notice period of the Governmental Immunity Act (GIA) begins to run when an individual, with knowledge of the injury that may be imputed to the plaintiff, and with the duty to protect the interests of the disabled plaintiff, is appointed to act on the incapacitated claimant's behalf. Visser ex rel. Eder v. Mahan,111 P.3d 575 (Colo. Ct. App 2005). The probate code's definition of incapacitated person is "an individual other than a minor, who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance." Colo. Rev. Stat. 15-14-102(5). So you, as the parent, must provide formal notice within 180 days of learning about the abuse to the school district and school that you intend to file a lawsuit. This is typically handled by your lawyer to assure that the requirements of the statute are adequately met.
Answered on Oct 07th, 2011 at 11:17 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Whether or not you have a case is going to take some investigation centered on what the school knew and when. You need to set up an in-depth consultation with an attorney as soon as you reasonably can.
Answered on Oct 07th, 2011 at 10:15 PM
I handle cases like this. If the school knew of the risk to your son from the other student, and failed to take reasonable steps to protect your son, they may be liable. Cases like these may be more complicated than you think, and you will need a lawyer to help you.
Answered on Oct 07th, 2011 at 6:33 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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You should consult with a personal injury attorney who can review all of the facts and give you specific advice for this serious matter. The school has responsibility to provide reasonable safety and supervision for the students, including your son.
Answered on Oct 07th, 2011 at 6:31 PM