Do I have a case for my child’s safety if they keep coming home with bruises from school from another child with behavioral problems?

This student throws chairs, books and feet cast from other children. The school is aware and saying there’s nothing that they can do.

Asked on May 4, 2017 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you deem it urgent enough, you could file a lawsuit against the school/district seeking a court order requiring them to keep this child fully separate from yours--the school has an obligation to protect your child and you could sue them for failing to honor that obligation. You could also sue for any medical costs, including any therapy, should your child need any to cope with this. 
A good place to start is to have a meeting with the district adminstration and inform them that you *will* sue if necessary. Tell them that their obligation to your child is as great as their obligation to the other child and they may NOT let him or her attack or injure your child. Inform them that you will sue them for all injuries and medical costs. Let them know you are giving them a chance to resolve this matter without litigation, but will take legal action if necessary: you will not let your child be victimized. If they do meet, send them a confirming letter afterwards. If they won't meet, send them a letter with the above and also memorandizing their refusal to meet. Send all letters some way that you can prove delivery.
They CAN do something--they always can. I have had to use the above tactics to force my district to separate my elder daughter from two different girls with behavioral issues who were threatening and/or attacking her.  You need to be steadfast, and make them understand that you *will* take legal action if necesary: help them understand that the cost of refusing you exceeds the cost of compliance.


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