Can a school be held liable for cyberbullying if it occurs on school grounds with school equipment? 15 Answers as of October 20, 2011

A teenager killed himself due to cyberbullying by a classmate who made fun of his sexual orientation. Some of the bullying occurred during school hours on a computer in the school library. Is the school liable in any way? Can the school be sued for providing the student with the tools to harass another student?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Wooten, Kimbrough & Normand, P.A.
Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
A school and/or school board has a responsibility to provide a reasonably safe environment for its students which includes supervising the students in its care. Failure to do this may result in responsibility of the school and/or board for the death of the child. You should consult with a personal injury attorney who can review the specifics of the case and make particular recommendations for you.
Answer Applies to: Florida
Replied: 10/20/2011
Chalat Hatten & Koupal PC
Chalat Hatten & Koupal PC | Linda Chalat
You may be able to make a claim against the school district if there is sufficient evidence that the school officials knew or should have known about the cyber bullying and probable consequences. These cases are very much determined by the specific facts, so you will need to speak to an attorney to determine whether to pursue a claim. You should keep in mind that in Colorado you have a two year statute of limitations for a personal injury claim, you must file within two years of the accident or lose your right to do so. However, if the school is a public school and you wish to sue it then you must act promptly. To bring a lawsuit against a government entity, such as a public school, you must provide within 180 days of the negligence, statutory notice of your intent to do so. This is a formal notice with specific required information best prepared by your attorney.
Answer Applies to: Colorado
Replied: 10/19/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
The question is whether the school district was negligent, whether they were as careful as a reasonable school district would have been. It is a question of fact for a jury to decide, considering all the circumstances and details of the situation. You should speak with an attorney regarding your questions to further explore the possibility.
Answer Applies to: Washington
Replied: 10/19/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
When a child attends public school he is not in a cocoon. Why do you think the school should be liable for improper behavior of a student? If this were your home computer would you think you would be liable? To make a valid claim you always have to prove negligence or fault in some way.
Answer Applies to: North Carolina
Replied: 10/19/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
A school can be held liable only if it is found to be negligent and, its negligence was the proximate cause of the death of the student who was bullied and committed suicide. That dead student's parent(s) should consult with a lawyer who handles school matters for specific advice and direction if they want to further pursue this matter.
Answer Applies to: Indiana
Replied: 10/19/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
A school can be held liable if it can be shown that the school officials knew or should have known that a dangerous activity was taking place, and that he/she had an opportunity to stop it and failed to do so.
Answer Applies to: New York
Replied: 10/19/2011
The Margolis Firm
The Margolis Firm | Charles J. Candiano
If the school gives a child a sharpened, No.2 pencil to complete an examination and the child uses the pencil to stab his neighbor, can the school be sued for providing a sharpened pencil? If you can answer one question, you can answer both.
Answer Applies to: Illinois
Replied: 10/19/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
This is a can of worms. First, there are strict time limits so don't delay. If the School knew about the bullying and did nothing about it then it could be liable.
Answer Applies to: New York
Replied: 10/18/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Perhaps, but there would have to be some notice to the school that this activity was occurring.
Answer Applies to: California
Replied: 10/18/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
No liability for the school.
Answer Applies to: Montana
Replied: 10/18/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Generally the school boards are immune from lawsuit.
    Answer Applies to: Alabama
    Replied: 10/18/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you promptly consult with an attorney about all the facts, and discuss with your attorney whether or not there is any evidence that the school was put on notice, or was negligent in some way.
    Answer Applies to: Georgia
    Replied: 10/18/2011
    Robinson & Geraldo
    Robinson & Geraldo | Alex Fernandez
    Probably not. And especially not if you are not kin to the dead child.
    Answer Applies to: District of Columbia
    Replied: 10/18/2011
Click to View More Answers: