So as the title says my 5yo was hit around the head yesterday by another child with some sort of hard object and his head was split open. I got a call from the school and when I got there there wasn't much time to sort out the ins and outs of what happened before we rushed off to the hospital.
Parents want to know their children are safe in school. When a child is injured at school because of negligence or malicious intent, the at-fault parties are legally responsible for damages. There may be more than one liable party to consider. Liability for Child Injuries at School
Can I Charge a Bully With Assault? This depends on the specifics of the situation, but you could have a potential claim against the person who assaulted your child as well as against the school.
If other students have bullied or hurt your child at school, learn when you can sue the school for negligent supervision or violation of laws prohibiting discrimination, including harassment based on sex, ethnicity, or disability.
Charles is a practicing attorney with over 20 years of experience in personal injury law. He is currently admitted to the New York State Bar and U.S. District Court.
The school can intervene with a potentially dangerous student by: Reprimanding the student for aggressive behavior. Notifying the aggressive student’s parents of a zero-tolerance policy of violence in school. Taking corrective action with the aggressive student.
Your child may be entitled to compensation from the school, the student who caused the fight, and the at-fault student’s parents. Only an experienced attorney has the skill, knowledge, and legal tools to get the full amount of available compensation for your child.
If your child is hurt in a fight, you may incur medical or dental bills. Sometimes psychological counseling is necessary to heal the trauma from an assault. If your child was assaulted at school, you have a right to seek legal justice and compensation for your child’s injuries.
When a school is aware of a student’s violent nature and takes ineffective measures to prevent them from committing future violence, the school may be liable when the violent student harms another student.
Edwards had no prior record of violence or fighting.
Compensation for pain and suffering is not usually available to parents, but your child’s attorney may be able to pursue a claim for loss of consortium, that is, the parent’s loss of their child’s help, comfort, and companionship because of the child’s injuries.
The post indicated another student, Cassidy Edwards was going to fight his daughter in school the next day. Conklin’s father immediately notified the school. The next morning, the school social worker conducted a mediation with Conklin and Edwards. Both girls remained calm and denied any intention to fight physically.
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So what can a parent do if a child was injured, and the injury was caused by another student? In short, the parent may have legal recourse against the school if the school, or an employee of the school, was negligent. It is also possible that the offending student, or the student's parents, could be liable for damages.
For example, if a student was injured by a bully who had acted out similarly in the past, and it happened during a time when the students were unsupervised, then the school may have been negligent.
Unlike public schools, private schools are legally treated like any other liable private entity. This means a private school can be held responsible for negligence and other offenses. In most cases, the claim will be settled with the school's insurance provider.
The child responsible for the injury will likely not be held legally liable, unless the child is near adulthood and knowingly committed a crime. Courts rarely hold young minors legally liable for their actions. As such, it is possible that the child's parent/guardian may be held legally responsible for their child's actions.
While parents and guardians do have legal options, taking advantage of those options can be difficult without the help of an experienced legal professional. If individuals want to take legal action on behalf of their injured child, an attorney can be a necessary resource for getting the justice the child deserves.
Whether or not the school is liable for the injury usually depends on the legal concept of negligence. Schools have a “duty of care" to protect students from accidents and injuries that are reasonably foreseeable, whether children are in school, on the playground, or on the school bus.