My child was assaulted at school. Do I have a case?

When a student is punched, beaten up, intentionally tripped, or deliberately injured in any way by another student, there are several factors that can help determine if you have a case against the school:

  • Was there adequate supervision? This is especially important in the school’s hallways, lunchroom and at recess, where kids have more freedom than in the classroom. If the assault is sudden and unexpected so that no amount of supervision could have prevented it, generally the school is not at fault.
  • Did the assailant have previous incidents that the school knew about but failed to properly disciple or correct the behavior? In other words, was the school on notice that the assaulter was a danger to other students.
  • Were there previous incidents between this assaulter and victim that the school was aware of but did not take seriously enough? We always urge parents of bullied children to write letters to the school administration to put them on notice.

Find out more by downloading our free bully prevention resource:

Bullying—Fighting Back: A Legal Guide for Parents of Bullied Children

The school is not responsible for a sudden fight between two students with no previous reason to suspect there would be an issue. However, they do have a responsibility to take action to stop the fight and, in general, to provide a safe, secure environment for its students.

Was your child assaulted at school?

If you think you have a case or just have questions, we can help provide answers, let you know your legal options and help determine the best course of action for you to take with your child’s best interests in mind. Our consultations are completely free and with no obligation.

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