Can my daughter’s school be sued for failing to protect her from her bully and her other tormenters?

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Can my daughter’s school be sued for failing to protect her from her bully and her other tormenters?

Asked on October 13, 2014 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is *possible* the school would be liable for failing to protect her from bullies, etc., if the school was demonstrably negligent, or unreasonably careless, in failing to do so. Typically, that requires a showing that the situation/problem was brought to the school's attention, or that it was so obvious (e.g. committed so openly) that there is no reasonable way they could have not noticed. If you get over that hurdle--can show liability--the next issue is one of "damages": what compensation is your daughter entitled to? There is a level of bullying, which inflicts significant psychological harm, requires therapy, interferes with education, etc. for which you can get compensation. And there is a level of bullying--the unpleasant, unfair, but ubiquitioius harassment and name calling that most children experience at some point or another--that does not justify, in the law, monetary compensation. You may wish to speak in detail with a personal injury attorney, to evaluate what this situation may be worth and the chance of holding the school liable.


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