What to do if my 15 year old daughter was assaulted on campus by a student from another school who jumped the fence during school hours with the intent to hurt her?

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What to do if my 15 year old daughter was assaulted on campus by a student from another school who jumped the fence during school hours with the intent to hurt her?

The school sent the other girl on her way without calling the cops and they made no incident reports or anything. My child was injured and had to be taken to the doctor with neck injuries because her hair was pulled so hard.

Asked on November 29, 2012 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The school would not be liable for your daughter's injuries, even if they should have dealt with the aftermath differently: a person or institution is not generally liable for the criminal activities of someone who is not under their control, such as a student from another school. Since your school had a fence which this student jumped, you could not even argue that the school was not securing its campus properly.

You and your daughter can, of course, file a police report and look to press charges. You can also sue the other student's parents or legal guardians for your daughter's medical costs and, for serious injuries, pain and suffering, too.


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