What are my rights if my child was hurt due to bullying at her school and as a result received a fractured elbow and 2 staples in the back of her head?

Asked on November 29, 2015 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You may be able to sue the bully's parents, since a child's parents (or legal guaradians) can be held liable for assaults and other wrongful acts committed by their child.
2) If the school knew or had reason to know of the bullying (e.g. it had occured before or been ongoing, and had been reported to the school or observed by teachers) and they failed to take steps to stop it, the school may be liable, too, for their failure to properly supervise the children. Note that there are strict rules, including strict time limits and paperwork requirements, for suing government entities, including public schools, so if you believe you may wish to explore this option, consult with an attorney *immediately*, before more time goes by.


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