Can I be compensated for a high school coach striking my son?

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Can I be compensated for a high school coach striking my son?

My son was intentionally smacked in the face by his high school coach. The
incident was witnessed by the entire swim team, the coach was terminated
immediately and a report was filed with the school administration. No bones were
broken or physical damage done, but my son, a varsity swimmer as a freshman,
wants nothing to do with the swim program any more. Do I have a case worth
compensation? Perhaps my son would received a scholarship to college???
Thanks for your help. Gino

Asked on July 20, 2016 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You could sue the coach on behalf of your son for assault and battery; however, it is probably not worth pursuing because damages (monetary compensation) would be nominal since your son was not injured.
Since the coach intentionally hit your son, the school district could claim that it is not liable because an employer is liable for negligence of an employee that occurs in the course and scope of employment while intentional acts are not in the course and scope of employment.
Damages must be certain. Damages cannot be speculative, such as the possibly that your son might have gotten an athletic college scholarship .


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