If my son was tripped by another student at school and chiped his front teeth, who is liable for this child’s malicious misconduct?

UPDATED: Dec 14, 2013

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If my son was tripped by another student at school and chiped his front teeth, who is liable for this child’s malicious misconduct?

Asked on December 14, 2013 under Personal Injury, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The other child's parents (or legal guardians) may be liable for your son's injuries (e.g. medical costs), IF the other child deliberately tripped him (i.e. assaulted him)--which may be difficult to prove. If the children were simply walking down a hallway and one happened to trip over the other's feet, there'd be no liability. Also, bear in mind that if the parents/legal guardians do not voluntarily pay, you'd have to sue them to get the compensation.

The school would only be liable if there had been some prior warning that the other child was either generally a threat (attacked other children) or was posing a threat to your child specifically and, armed with such knowledge, failed to take reasonable steps to prevent injury or assault.

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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