Huntington Bullying Lawyer
Schools are expected to protect their students from danger and address any threats to their safety appropriately. Unfortunately, sometimes the greatest threat to the students’ security comes from other children.
When young students are victims of bullying, they can face both physical and emotional danger. If your child’s school fails to stop the harassment in a timely manner, you could be eligible for compensation from the institution for any injuries your child has suffered. With the help of a Huntington bullying lawyer, you could pursue a lawsuit against those who harmed, or allowed harm, to come to your child. A compassionate personal injury lawyer could help your family heal and hold the correct people accountable for their negligence.
Consequences of Bullying
Traditionally, schools have taken a wait-and-see approach towards bullying and have let kids settle disputes amongst themselves. Schools have often ignored all but the most severe forms of physical bullying, and school administrators have done little to prevent verbal and emotional abuse. However, all forms of bullying have harmful consequences. Victims of abuse could be afraid to come to school, so they could try to skip school. When they do attend, their grades might suffer. Bullied children may also exhibit signs of depression, hopelessness, and anger, both at school and at home.
Forms of Bullying
School bullying can take many forms, including:
- Physical abuse
- Emotional and verbal abuse
- Discrimination
- Sexual harassment
- Online/cyber abuse
- Mobbing, or a group of children ganging up on another child
How to Recover Damages Against a School in Huntington
Negligence Claims
A claimant could pursue a common-law negligence suit against a private or a public school, its teachers, and its administrators. To achieve a successful outcome, the claimant will need to prove the four elements of negligence: duty of care, breach of duty, causation, and damages.
Every school has a duty of care towards its students. A school failing to protect a student from harassment has breached that duty of care. If a school is aware of a bullying incident, or if they should have been aware of it, and the administrators fail to address the threat within a reasonable period of time, then they have breached that duty of care towards that student.
To recover damages, a claimant will need to demonstrate that a bullying incident caused harm to the student and that they incurred damages from the harm. There are procedural requirements that claimants must follow with suits against public schools because they are government entities, so contacting a skilled local lawyer as soon as possible is essential.
Statutory Claims
A victim of bullying in a public school could pursue a case under New York State’s Dignity for All Students Act. This act sets requirements and training programs that schools must follow to prevent and address harassment. An experienced local attorney could help a claimant understand the relevant laws and demand that schools follow the proper bullying procedures.
Reach out for Legal Assistance to Stand Against Bullying
No child should feel unsafe at school. Schools are equipped to recognize and stop bullying, but unfortunately, they do not always handle the issue properly. If a school has failed to prevent child harassment, and your kid has suffered an injury because of it, that institution should be held accountable for their negligence. Reach out to a compassionate Huntington bullying lawyer who will fight for your family’s rights, and obtain a settlement to compensate your child for their injuries.