Can my daughter’s school be sued for failing to protect her from her bully and her other tormenters?

Asked on October 13, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is *possible* the school would be liable for failing to protect her from bullies, etc., if the school was demonstrably negligent, or unreasonably careless, in failing to do so. Typically, that requires a showing that the situation/problem was brought to the school's attention, or that it was so obvious (e.g. committed so openly) that there is no reasonable way they could have not noticed. If you get over that hurdle--can show liability--the next issue is one of "damages": what compensation is your daughter entitled to? There is a level of bullying, which inflicts significant psychological harm, requires therapy, interferes with education, etc. for which you can get compensation. And there is a level of bullying--the unpleasant, unfair, but ubiquitioius harassment and name calling that most children experience at some point or another--that does not justify, in the law, monetary compensation. You may wish to speak in detail with a personal injury attorney, to evaluate what this situation may be worth and the chance of holding the school liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.