Can I sue a school district for my son being assualted at school and the neglect of the teacher?

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Can I sue a school district for my son being assualted at school and the neglect of the teacher?

My son was hit by another student while at school when transfering from one class to a different class. Would the school be responsible for neglect?

Asked on April 12, 2012 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible that you could hold the school accountable, but to do so, you'd have to be able to show that the supervision was negligent. To show that, you'd likely have to show that this child had made threats against your child; or had previously attached other children (and so he should have been subject to heightened scrutiny); or that a situation had been developing between the children (pushing, cursing, threats, etc.) but the teacher ignored it. If the attack came more or less out of the blue, then the teacher and school did nothing wrong in not anticipating it, trying to head it off, or otherwise acting.

Also, be aware that if even if you could establish liability, you most likely could only hold the school accountable for pain and suffering, if you child has suffered significcant injury or disabability from the attack, or for  unreimbursed costs or expenses, like your out-of-pocket medical costs. If you child was, hopefully, not badly hurt, the lawsuit would likey cost more than you could recover in damages.


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