Do I have a case if a teacher denied my son permission to use the restroom?

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Do I have a case if a teacher denied my son permission to use the restroom?

My son attend a charter school. He had an accident in his pants all because a substitute

teacher denied him to use the restroom. The class room has cameras. I had to leave work to bring him changing clothes.

Asked on January 27, 2017 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A case for what? For a lawsuit? You can only recover compensation for actual damages, costs, or harm--so, for example, for losing an hour or two of your work time, for bringing him new clothing, and for cleaning bills for the soiled clothing, etc. That is far less than the cost of a lawsuit. And to win, you'd have to prove that the teacher's denial was unreasonable--i.e. if there was a decent reason for it (maybe the class was almost over and she did not want him to leave right before the end; maybe it was a crucial moment in the lesson she did not want him to miss; maybe he did not make the urgency clear to her; etc.), there would be no wrong and no liability--which means that, even leaving aside the issue of how much you *could* win, it's far from a given that you would win. 
In short, this is not a case for the legal system; not all wrongs are redressed through the courts. You may need to go over the principal's head if she will not respond: e.g. to the superintendent or the board of education. That is a better way to ge a measure of fairness here.


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