If my 6 year old is autistic so attends a school for special needs children, is the school responsible for negligence towards my child that resulted in a head injury?

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If my 6 year old is autistic so attends a school for special needs children, is the school responsible for negligence towards my child that resulted in a head injury?

When I went to go pick her up the other day I was standing behind a glass door that was locked and I could see my child waiting for me to pick her up. While I was waiting for the door to be opened another child came up and threw my child against the wall and started to bash her head in while I was standing hopelessly watching. There was no teacher around that should have been watching the children as it is a special needs class and they are not allowed to be left unatttended. The EMS was called and my child was taken to the where she recieved 5 staples in her head.

Asked on November 16, 2013 under Personal Injury, North Carolina

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Yes, a school is responsible for the negligence of its employees resulting in an injury to a child under the school's watch.  You should seek out a personal injury attorney in your area right away.  Although the statute of limitations may be a year or two, many states have notice of claim statutes that require, in cases where the potential defendant is a government entity such as a school district, that the plaintiff file a notice of claim with the potential defendant within a few months.


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