Can a public school district be sued for negligence if a student is assaulted and injured by a teacher with know mental health issues?

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Can a public school district be sued for negligence if a student is assaulted and injured by a teacher with know mental health issues?

My daughter was punched in the shoulder by a teacher. She sustained a deep tissue bruise and required therapy. The teacher was charged with 4th degree child abuse. A plea bargain was reached because the teacher had documented mental health issues and claimed she doesn’t recall the incident. The prosecuting attorney told me to seek legal council because the district was aware of the teachers serious mental illness and put my child in danger. The teacher went on a medical leave within 30 my min of injuring my child. She later retired. My daughter was given ice when she reported the incident.

Asked on August 30, 2012 under Personal Injury, Michigan

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

It is possible you and your daughter have a claim against the school district if they were aware of the teacher's issues and the propensity the teacher may have towards a violent or abusive situation.  It is not really possible to give you an absolute yes or no answer through a forum like this.  I would suggest you contact a personal injury attorney in your area and seek a consultation.  Through a consultation, an experienced attorney will be able to hear all the facts and issues of your case and give you a much more informed opinion with regard to your options.  Good luck to you.  


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