QUESTION
What can we do if my son was assaulted at Middle School and now needs a root canal?
Asked on Oct 11th, 2013 on Personal Injury - New York
More details to this question:
My 12 year old was assaulted and his face slammed into a wall during school hours. His tooth was broke off (front top tooth) and as a result, he needs a root canal and a new tooth! Can I sue the school as well as the parents?
8 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Your primary claim would be against the parents unless the school somehow ratified or sanctioned the actions. The parents could be held liable for up to $10,000 plus costs.
Answered on Oct 16th, 2013 at 12:10 PM
Edwin K. Niles
Was the school negligent in some way? Probably not. However, the kid's family may have insurance as part of their homeowner's policy.
Answered on Oct 15th, 2013 at 2:16 AM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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You may have a claim against the school for your son being injured on school grounds while in the school's care. You may also have a claim against the parents of the student or students, who injured your son, for the harm their child or children did to your son. Cases like your son's can be challenging and complex, so I highly recommend you contact an injury lawyer to help you.
Answered on Oct 14th, 2013 at 1:59 PM
James Eugene Hasser
Maybe, but you will have to prove the school and parents were somehow at fault.
Answered on Oct 14th, 2013 at 11:47 AM
Thomas Edward Gates
Yes, talk to a personal injury attorney.
Answered on Oct 14th, 2013 at 11:17 AM
Ronald A. Steinberg
You file a police report against the assaulter. Then you sue the kid. If you can prove that the kid has a history of assaultive behavior, you also sue the kid's parents.
Answered on Oct 14th, 2013 at 10:38 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sue the school for what? You get nothing just because your kid was at school. Who do you get your advice from parents are not liable for the criminal acts of their kids.
Answered on Oct 14th, 2013 at 10:25 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can only go after the school if you can prove that they knew or should have known this was going to happen and failed to take adequate measures to prevent it. If you go after the parents (please don't try this on your own) you can claim this was horseplay that got out of hand. The reason is that there is no insurance for an intentional act, so if it was an assault, you run the risk that no one will be able to pay the judgment. On the other hand, if it was the unintended result of an intentional act, then the other boy's parent's homeowners insurance policy can come in to play.
Answered on Oct 14th, 2013 at 10:25 AM