The Lucky Law Firm, PLC | Robert Morrison Lucky
The school may have coverage for your child's medical bills. However, in order for the hospital to be liable for pain and suffering, you must prove that the school was negligent and it resulted in your child's injuries.
Answer Applies to: Louisiana
Law Office of Malosack Berjis | Malosack Berjis
First of all, I hope your daughter is feeling better. Secondly, and in response to your question, you can possibly have several grounds under which to sue the school. But, determining whether you should bother with filing any kind of action against them requires that you provide a lot more facts. I highly suggest that you contact a personal injury, as soon as you can. And, since many of them, like myself, provide free consultations, you have really have no reason not to call today.
Answer Applies to: California
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The question will be whether the school (by its employees) has a duty to supervise so as to prevent this kind of thing. If you have a claim against a state or municipal employee there are fairly strict Notice periods. Check with a lawyer. But the main thing is that you must file a Claim and Notice of Claim and serve it on the employee and on the Clerk of the municipality within 120 days of the occurrence. Good Luck.
Answer Applies to: Wisconsin
Richard E. Mather, Attorney | Richard E. Mather
No. The school did not throw the rock at your daughter, another child did. You must either sue the child or his/her parents. As a general rule, the school cannot be held liable for the action of another person.
Answer Applies to: Alabama
Jules D'Alessandro | Jules D'Alessandro
How very unfortunate for you and your child. We expect that schools will be a safe place and other children will be prevented or stopped from engaging in dangerous conduct.. Yes, you can sue the school. If it is a private school, you can sue the school directly if it is a catholic school, you can sue the diocese if it is a public school you can sue the municipality, however there are notice and other requirements to do this. This can be complicated under any circumstances and requires a lawyer.
Answer Applies to: Rhode Island
James E. Hasser, Jr. P.C. | Jim Hasser
As I always say, you can sue anybody anytime for any reason, but the real question is whether you can win. In particular, the question is whether the school is liable. You haven't given me enough facts here to really answer the question, but I'll give it a shot. The first problem you run into is that School Systems are immune from suit and their employees enjoy limited, or qualified immunity from lawsuits as they are considered to be government employees. The 11th Amendment to the Constitution says you can't sue the Government. But, of course, as with all rules, there are exceptions. In your particular case, you may be able to sue individuals within the system responsible for the safety of your child if you can prove they violated some law, rule or regulation and your child was hurt as a result of that violation. You would somehow have to show that they knew or should have known that that child would throw a rock at yours and they failed to prevent it from happening. That may be kind of tough to do. But don't lose sight of the real culprit here..the kid who threw the rock. That is an assault and battery, which is a crime. Assuming the child is a minor, it would be a matter for the Juvenile Court System handle. Juvenile Court Prosecutors can require that the offending child pay restitution as part of their punishment if they are convicted. That may be another possible recourse for you. Good luck.
Answer Applies to: Alabama
Law Office of Christopher J. Olsen | Christopher J. Olsen
More information would be required to give an accurate response, but generally schools are not responsible for all of the injuries sustained by children which are inflicted by other children, unless the student causing the injury had a particular propensity for violent behavior and a history of doing so in the past and the school failed to supervise that student or protect the others, or if, for example, the student was in the process of repeatedly throwing rocks at other students in the presence of school staff and the staff did nothing to stop or prevent the behavior (both of these scenarios are pretty unlikely). You might have more success making your claim to the parents of the student who threw the rock, let them tender the claim to their homeowner's insurance and see what their carrier does. You should also ask your doctor whether your daughter will likely have any permanent scarring or require scar revision in the future, as this would be a component of her damages. In any case, I recommend that you consult with a qualified attorney regarding this matter.
Answer Applies to: California
Kelaher Law Offices, P.A. | James P Kelaher
You can only sue the school (successfully) if you can prove the school was negligent. Just because some other student threw a rock at your daughter doesn't mean some teacher was not doing her job. Why don't you make the claim against the homeowner's insurance of the kid who threw the rock?
Answer Applies to: Florida
Law Offices of Christopher L. Jackson, LLC | Ryan D. Mulroney
Schools are generally immune. ?Unless it can be proven the other kid had a history of violence and should have been supervised, but general negligence is generally not recoverable from a school.
Answer Applies to: Kentucky