Can I sue my daughter’s school, if she was physically assaulted by a few of her classmates after school?

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Can I sue my daughter’s school, if she was physically assaulted by a few of her classmates after school?

We have had multiple talks with the school about her harrassment she’s recieving at school. Then today they decided to jump her after school.

Asked on February 28, 2013 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have had multiple talks with the school, then it is possible that the school may be liable: since you evidently put them on notice of the harassment and therefore the risk of it escalating, their failure to take action may be negligent and give rise to liability. If your daughter did not (we hope) suffer much in the way of injury, or you incur much in the way of out-of-pocket (unreimbursed) medical costs, it would likely not be worthwhile suing, however, since the amount of compensation you could potentially receive is related to the extent of injuries and costs.


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