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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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