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If your child was beat up in school would or could you sue the school for medical expenses?

 
diamondmamma

Asked by diamondmamma at 7:58 PM on Apr. 30, 2009 in Kids' Health

Level 3 (24 Credits)
This question is closed.
Answers (11)
  • Pity the parents of the child and the school that allows my child to be harassed/bullied. I will litigate them so hard. The state and school assumes parental responsibilities when they force you to send your child to school. They take on the role of 'in loco parentis'.

    The easy answer about whether the school is liable is: if they had notice. If they knew there was a problem ahead of time. Some cases to check out would be: Wood v. Waterlivet City School District, Mirand v. City of New York, Smith v. Poughkeepsie City School District, Wilson v. Vestal Central School District, Aratari v. Leetonia Exempt Village School District, Olvera v. Pajaro Valley Unified School District.

    Don't be bullied into not litigating. Contact a lawyer to see if you have a case. We cannot watch our kids while they are at school. It is a child's right to go to school in a safe environment. Good Luck!
    lolaforpresidnt

    Answer by lolaforpresidnt at 11:18 PM on May. 2, 2009

  • Probably not, my child should be educated enough to fight back! If the kids beat my kid up it's not the school's fault. Yes, they should have proper supervision, but stuff happens.
    Annabel1809Lee

    Answer by Annabel1809Lee at 8:01 PM on Apr. 30, 2009

  • no.
    mamajody0507

    Answer by mamajody0507 at 8:04 PM on Apr. 30, 2009

  • No you cannot sue the school, unless they were negligent in reasonable supervision. If you ask the school who beat up your kid, and they cannot tell you, or your child cannot tell you then there is perhaps some negligence. If they CAN tell you who beat up your kid, then you sue their parents, and then you can only sue for actual damages incurred, for example the hospital bills, or time taken off work to care for your child while he/she was injured.
    OregonJeka

    Answer by OregonJeka at 8:27 PM on Apr. 30, 2009

  • You can sue the family though.

    legalmommy101

    Answer by legalmommy101 at 8:29 PM on Apr. 30, 2009

  • Well, I wouldn't be so sure. I have first hand knowledge of a family whose child was being bullied and went to great extremes trying to solve the problem. The school 'failed to act in a timely manner to protect the student being threatened'. The family sued the school and the family of the offending student. They were both found at fault The school paid 50% of the medical bills. Almost $2300. Punitive damages were also awarded. $20,000 30 % paid by the school 70% by the other students family. Parents are responsible for what their kids do. Schools are responsible to provide a safe enviroment. They were sued together to avoid one blaming the other in separate cases. I know because this happened to my son.
    Anonymous

    Answer by Anonymous at 8:32 PM on Apr. 30, 2009

  • i think you can sue both the family n the school.......being a mother , i would personally go visit the bullies parents....
    Anonymous

    Answer by Anonymous at 8:34 PM on Apr. 30, 2009

  • If a teacher or other school employee just stood there and did nothing, yes. But otherwise, no.

    The other child's family would be responsible for damages though. Assuming you could get them to pay. Assuming they have liability insurance.
    kaycee14

    Answer by kaycee14 at 9:23 PM on Apr. 30, 2009

  • No, you can't. You sign a form that states you assume all liablilty for insurance and injuries that happen at school or school trips. IF the school did nothing, you could try but you may not get anywhere. You could try and sue the parents. Personally, I would worry about making sure my son was ok and not how much money I can get. I would just let it go so my son didn't have to go through anything else.
    tyfry7496

    Answer by tyfry7496 at 9:30 PM on Apr. 30, 2009

  • No, I would sue the parents of the kid who beat my child up, why would they school need be responsible? There hundreds of kids and shit happens they dont alway see, but that child should have been taught better by his/her parents and so I believe the bills should be paid by them!
    Mother2oneboy

    Answer by Mother2oneboy at 10:54 PM on Apr. 30, 2009