What to do if my 3 year old disabled child was smacked in the face by his special ed pre-school teacher?

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What to do if my 3 year old disabled child was smacked in the face by his special ed pre-school teacher?

I called the police and we all had a meeting. She gave the same story as my son however she says she hit another child. Conviently that child can’t talk and she says she didn’t report accidently hitting the child to anyone. Since there weren’t any bruises they don’t believe us.

Asked on March 24, 2012 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can try to report to the police, as you evidently have. You could also report to the state child protective services or child welfare agency, as well as to the state agency(ies) which license pre-schools (or if its a public, not private pre-school, you could report it to the district and the state department of education).

What you can't do, as a practical matter, is sue, assuming your child was fortunate enough to not suffer any severe injuries or incur significant medical costs. Since lawsuits are designed to compensate for actual physical or economic injuries--and essentially only provide compensatoin for those--even when behavior is wrongful, there is no point in suing without harm, since you'd spend more on the lawsuit than you could recover.


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