If my child is 2 1/2 years old and goes and has been bitten 3 times by one of his classmates, can I sue the school?

Asked on September 4, 2015 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Given that they know there was an issue here based on the first bite and have failed to take effective action to prevent it from occuring again, they likely were negligent, or unreasonably careless, and so could be liable but the question then becomes, liable for what?  The law does not provide compensation "only" because someone did something wrong rather, you receive compensation for costs you incurred or for serious injuries. If you have incurred significant medical costs due to the bites, or the bites are so bad as to cause long lasting impairment or disability or more-or-less permanent scarring, you may have a viable lawsuit but if the bites are the typical young child bites--painful, but no real injury or medical attention needed--there'd be no point in suing, since you'd get less money from the lawsuit that it would likely cost you to bring the lawsuit.


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