Can I file charges or suit against my child’s school for neglecting to inform me about an assault on my child?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file charges or suit against my child’s school for neglecting to inform me about an assault on my child?
Yesterday my special needs child was followed into a restroom at school by a child who we already have multiple documented assault events with. They struck my son in the face multiple times leaving him bruised and crying on the bathroom floor. After the assault, the school failed to inform me or my wife of the event and when we attempted to file assault charges we were informed there is a law protecting students from being charged with crimes on school campus. The school has allowed this situation to manifest into a full out assault on my child and I feel their neglect has led to my childs emotional as well as physical trauma.
Asked on May 4, 2017 under Personal Injury, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you can very likely sue the school for negligent (or unreasonably careless) supervision for not taking steps to make sure that a child who is a documented assailant did not attack your special needs (and presumably more vulnerable) child. You can sue for any medical (including psychological counseling) costs, current and reasonably certain projected future ones as well, stemming from the attack.
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.