What to do if my child and 2 other students were assaulted by a substitute teacher?

The police state that he will be charged with assault and battery and my daughter’s story did make the news. Do I have a lawsuit?

Asked on November 5, 2014 under Personal Injury, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You certainly have a lawsuit against the substitute (though if he is being jailed, he may not have the income or assets to pay any judgment). You would only have a lawsuit against the school if there was evidence prior to the assault that the substitute was dangerous and so a reasonable person or school would have taken action to protect children--but your school, despite knowing of the threat, failed to do so. Otherwise, if the school did not fail to take reasonable protective measures, the school (and district and town) would most likely *not* be liable, since an employer is not generally liable for the criminal actions of their employees, since such criminal acts are not part of the employee's job responsibilities. The employer must have been itself negligent, or careless, in some way to incur liability.

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 AttorneyPages.com 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.