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

UPDATED: Mar 24, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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 AttorneyPages.com 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.

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