Can I file charges or suit against my child’s school for neglecting to inform me about an assault on my child?

Yesterday my special needs child was followed into a restroom at school by a child who we already have multiple documented assault events with. They struck my son in the face multiple times leaving him bruised and crying on the bathroom floor. After the assault, the school failed to inform me or my wife of the event and when we attempted to file assault charges we were informed there is a law protecting students from being charged with crimes on school campus. The school has allowed this situation to manifest into a full out assault on my child and I feel their neglect has led to my childs emotional as well as physical trauma.

Asked on May 4, 2017 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can very likely sue the school for negligent (or unreasonably careless) supervision for not taking steps to make sure that a child who is a documented assailant did not attack your special needs (and presumably more vulnerable) child. You can sue for any medical (including psychological counseling) costs, current and reasonably certain projected future ones as well, stemming from the attack.


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