What charges can I file against a camp after my son has been assaulted while in there?

Question

My son attended a summer camp. He was bullied by an older teen, an 8th grader, the entire time.  Well to make a long story short, my son, a 1st grader, was singing while working on his project and the older boy went to him telling him to "shut up."  Things escalated to the point that the older boy grabbed a screwdriver held it up and told my son to "Shut up or I'll kill you."  This was told to my son several times; in the meantime, my son also grabbed a screwdriver and held it up to protect himself.  The camp counsellor told me she heard the threat and supposedly stopped the situation from getting any worse.  Then a short time thereafter, this same boy knocked my son's project out of his hands and onto the ground.  While my son was picking up his things from the ground, the boy stomped my son on his back.  We have filed a Police report and I called the owner of the camp to voice my anger.  The camp owner refused to refund my money because my son had been at camp for two thirds of the time.  Only after I told him I was going to call the Police and make a report did he agree to refund the money.  I believe this camp will not do the right thing or even approach this other boy. I think they should be held accountable for not notifying me of the threat to my child’s life and not separating them far enough that they could have prevented him from being assaulted.  We have since filed a Police report and are waiting a call back from the camp.

Jeffrey Lapin · Answer

You do not get to criminally "charge" anyone (the camp, the camp's owner, the camp counselor or the older teen) for the for assault of your son. The City or County Attorney decides whether to criminal charge any of these, and if so, what charges will be filed against them. You have started the process by contacting the police. The police should investigate and then provide the information to the City or County Attorney.  Your son may have a civil claim against the camp, owner, counselor and/or older teen for what occurred. However, based on the information you provided, while he may have a claim it is difficult to determine what it may be worth as you do not indicate whether he needed medical treatment, whether he had bruising and other information. The older teen would be liable for "assault and battery." The camp, owner and/or counselor would be liable under a theory of negligent supervision or failing to protect your son.  You have already received your money back so that is not an issue. As to whether you have a claim for "for not notifying me of the threat to my child's life" you really do not have a claim that you could sue for failing to notify you.  You could report the camp, if it is regulated by the state, county, city or other organization, for what occurred. They may be subject to "punishment" and "held accountable" for what occurred to your son.  You may want to talk to an attorney about your and your son's rights and options.

Bernard Huff · Answer

Consult with a lawyer who specifically handles injuries between and to minors at  summer camp and other youth facilities.

James Osak · Answer

There's some NEGLIGENCE issues with the camp's supervision/owners here. Get your medical bills together and contact an attorney to discuss.

Mark Smith · Answer

Find out where the camp receives its license to conduct its activities and   write a letter to the licensing board.

Ronald A. Steinberg · Answer

It sounds like you have taken care of things. Why was an 8th grader in the same place with a little kid? That makes no sense. They usually keep the kids segregated by age groups.  That is not a wise way to run a camp, in my opinion.

Melvin Franke · Answer

Probably none unless you can prove they knew or should have known the 8th graders actions

Gregory Casale · Answer

From what you state, it sounds like a viable tort claim to sue the camp for negligence in failure to protect your son. It was clear that the bully was threatening your son prior to the harmful event. The counselor said they heard the threat but failed to do anything to provide your son protection or notify you so that you could have taken your son out of camp or sought other protections. You should speak to a lawyer directly.

Paul Whitfield · Answer

I don't think the camp is liable for anything unless they took the bully into the program knowing him to be dangerous to others. You don't get money because someone misbehaves at camp. Prosecute the bad guy in juvenile court is maybe the best you can do. Getting money isn't it

Britany Engelman · Answer

You may have a claim for negligent supervision against the camp's owners.

Gregory Crain · Answer

Nothing against the camp. alid.

Thomas Bulman · Answer

You received a refund.  What more do you want?  Nothing happens to juvenile delinquents so I suggest moving on to the next crisis.

James Kelaher · Answer

I would go see a good personal injury lawyer, as the camp had notice of this other camper's dangerous propensities and did nothing to stop him.

Ronald Lowry · Answer

This misconduct should be reported to the juvenile authorities as well. Do not assume that the police will do so.

Irving Blank · Answer

You need to get a lawyer.  This will be a very difficult case, but until you have an experienced attorney, the camp and its insurance carrier will view it as one that can be stonewalled.  A lawyer who can try a case will get them to view as serious.

Andrew Velonis · Answer

It sounds like you are doing what you should be doing.  Here are my reccomendations for further action: First, do some research: is that individualy truly the owner, or is he the manager?  Is the camp owned by a corporation? Who owns the land where the camp is located? Is there a state agency which licences or regulates camps?  Has anyone else reported problems to that agency?  Has this camp or its owners or operaters ever been sued by anyone? Talk to parents of other campers: has anyone complained or reported bullying in general, or regarding this other boy?   Was there an internal report (within camp) make regarding this incident? Do internet searches and Freedom of Information Law requests with every agency you can think of regarding the owner, management, corporation or landowner of this camp.  Once you have all of that info, follow up with the police, district attorney's office and state regulator.  Make thorough notes of all of this, every phone call you have, every form you fill out, every letter you write or get.  Finally, tell the owner that you want to sit down and have a face-to-face meeting (No angry phone calls!) and discuss the whole thing. Don't tell him about the research you've been doing.  At that meeting, tell him you want to have a meeting with the owner, the cousellor and your son so that they can apologize in person and explain that they understand that he was the victim here and it was not his fault.

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What charges can I file against a camp after my son has been assaulted while in there?

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