My daughter was injured at school can I sue the school? 18 Answers as of January 17, 2013

My daughter has a laceration to her forehead from another kid throwing a rock at school. She had to go to the ER and required stitches.

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

Free Case Evaluation by a Local Lawyer: Click here
The Lucky Law Firm, PLC
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
Replied: 1/17/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
You will need to prove that the school fell below the standard of care and failed to provide adequate supervision and security which allowed the injuries to occur.
Answer Applies to: Nevada
Replied: 1/17/2013
Law Office of Malosack Berjis
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
Replied: 1/17/2013
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
Replied: 1/17/2013
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
Replied: 1/17/2013
    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
    Replied: 1/17/2013
    James E. Hasser, Jr. P.C.
    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
    Replied: 1/17/2013
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    No. The school is not responsible for all the acts of other students.
    Answer Applies to: Montana
    Replied: 1/17/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Only if it was caused by negligence on behalf of the school.
    Answer Applies to: South Carolina
    Replied: 1/17/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can only sue the school if they knew of a potential problem and had reasonable time to stop it and didn't act on it.
    Answer Applies to: Connecticut
    Replied: 1/17/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes, but what are the damages. You may end up paying more for the attorney than you actually recover. However, you should consult with an attorney because there may be factors that would lead to a different result.
    Answer Applies to: Idaho
    Replied: 1/17/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Excuse me but why do you think the school is responsible for the bad behavior of a student? I really would like to know your thinking.
    Answer Applies to: North Carolina
    Replied: 1/17/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You may be able to sue the school but you should discuss the facts with a attorney first to see if there is liability
    Answer Applies to: New York
    Replied: 1/17/2013
    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
    Replied: 1/17/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Yes, a claim may be made. A claim against the school must be made no later than 6 months from the event.
    Answer Applies to: California
    Replied: 1/17/2013
    Kelaher Law Offices, P.A.
    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
    Replied: 1/17/2013
    Law Offices of Christopher L. Jackson, LLC
    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
    Replied: 1/17/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You would have to prove that a school employee knew or should have known that the other kid was going to throw the rock and failed to take reasonable steps to prevent it.
    Answer Applies to: New York
    Replied: 1/17/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney