If this is a one-time incident—in other words, there is not a history of this child bullying your son or daughter (see our article What You Need To Do If Your Child Is Being Bullied)—there are two possible scenarios where you may be able to sue:
- There was enough time between the start of the incident and when the injury occurred that the incident should have been stopped. For example, if a child is taunting your child and bothering him in the cafeteria and no one is doing anything about it until it escalates into punching 20 minutes later. In this case, there is not proper supervision and safety measures in place that should normally have prevented the injury.
- The child who punched your child has a record of physically assaulting other kids. If your child is punched in the nose by a child who has punched several other children in the past few months, then you may have a case. The school needs to protect its students and if they are on notice that a student is a danger to others and has not done anything to further prevent injuries, they can be held liable.
If your child was punched, beaten or assaulted in any way by another student, please contact us so we can answer your specific questions as well as let you know your legal options. There is no cost or obligation for our consultations--we never charge a fee until we get you money in a verdict or settlement.