Can we sue a teacher and school corportation if the teacher abused our handicapped daughter?

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Can we sue a teacher and school corportation if the teacher abused our handicapped daughter?

She came home today with a bad rugburn. The teacher said she was scooting on the floor and that’s how she got it. She said he is lying and that he and an aid dragged her on the floor. She had a bruise under her arm.

Asked on February 10, 2012 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, if a teacher intentionally or even negligently injured your child, he or she may be liable for the resulting injuries; the school may also be liable as well, particularly if it can be shown that there were any prior complaints, warnings, etc. about these personnel, or that school policy encourage this sort of behavior.

Of course, you can only sue for actual injuries or costs incurred: e.g. for unreimbursed medical costs, for pain and suffering from severe or long-lasting injuries, etc. The civil legal system does not provide compensation for wrongful conduct simply because it is wrongful; rather, it provides compensation for wrongful conduct that causes injuries, losses, damage, etc.

If there was significant injury or medical expense, it may be worth suing and you should speak with a personal injury attorney. If there was not, complaining to the school board, to the state education department, or even to the police (since child abuse is a crime) may the appropriate response.


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