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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption