Can I place a lawsuit on the school for neglect of my child?

UPDATED: Oct 1, 2022

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Can I place a lawsuit on the school for neglect of my child?

My son was permitted to the restroom without adult supervision. Another child was permitted to the restroom as well. Then the other child lick my son private area and ask my son to lick his back. Now these are 5 year olds. My son said no teacher was present and they didn’t even know how it happened orwhat happened. The only assumed something happened because when they decided to check and open the door my son pants were still down they say and the other boy pants were down.

Asked on August 8, 2018 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

To successfully sue the school, you'd need the following:
1) You'd have to show that letting 5-year olds go the bathroom without adult supervision was unreasonably careless, or at least that there was some reason they knew that one or both of these boys needed supervision. You'd typically need some early childhood educator with appropriate eduction, credentials, and experience to testify to this: the court will not accept your non-expert opinion on the subject.
2) You need some harm or damages you child provably suffered to get compensation: without harm, very little or possibly no compensation would be available. There has to evidence of trauma, medical/therapy costs, etc.

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 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.

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