What to do if my 11 year old son was struck in the nose with a half filled bottle of water that was deliberately thrown at him by a classmate while in class?

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What to do if my 11 year old son was struck in the nose with a half filled bottle of water that was deliberately thrown at him by a classmate while in class?

He was sent home with a very bloody nose. I took him to our family doctor and his nose is not broken but he complains he can’t breathe right through it. A doctor confirmed he has a deviated septum. Our insurance covered the medical bills. I am tired of bullying and this is not the first unprovoked incident with this child. The assailant was suspended but I don’t feel that’s adequate punishment. This attack took place a few months ago and I was wondering if I have a case for a monetary award to let the parents know this will not be tolerated.

Asked on April 13, 2012 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Parents are responsible for the deliberate torts, or wrongful acts, like assault and battery, committed  by their children. If you believe that you could  prove that the bottle was deliberately thrown at your son, you may be able to hold the family liable. If they are, you could recover any out-of-pocket or unreimbursed expenses, like unreimbursed medical costs--or potentially costs for future medical expenses, like surgery to repair the septum.


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