What can I do if my disabled son was sexually assaulted at school? 25 Answers as of April 10, 2012

You can sue the offending student, although collection may be difficult at first. You may sue the school for its negligence. You should consult a personal injury attorney with all of the facts, including details of the offender's conviction, to determine exactly which causes of action you may bring against whom and your likelihood of recovery.

The school could be liable for this, if you can show that it was negligent in not providing an aide during the lunch period. You should talk with an attorney because cases against governmental entities such as a school are very complex and difficult.

If the school knew or should have known of the offender's propensity to do harm then it might be liable. Be wary because a notice of claim must be filed within thirty days of the offense.

The question is whether the school district was negligent, whether they did or didn't do what a reasonable school district would or would not have done in similar circumstances. Sometimes the only way to get an answer to a question like that is to ask a jury. There would, of course, be a multitude of questions asked of a multitude of persons between here and there.

You may have a valid negligent supervision case. You must file a notice of tort claim right away. You should contact an attorney asap.

The facts of your case are horrific and could bring a large jury award or settlement if the legal foundation is there. You should consult with an attorney in your area who specializes in this type of case and schedule a consultation.

There maybe liability because this went on for so long and there may be other reasons the district could be liable that need to be considered. You need to contact an attorney.

You may have a claim against the school and/or school district for negligent supervision but you should act promptly. To bring a claim against a public high school requires a statutory notice of your intent to sue be provided within 180 days of the negligent act. The only exception to the notice requirement is if the claimant is under a legal disability. When an injured plaintiff seeking damages from a public entity is disabled, the 180-day notice period of the Governmental Immunity Act (GIA) begins to run when an individual, with knowledge of the injury that may be imputed to the plaintiff, and with the duty to protect the interests of the disabled plaintiff, is appointed to act on the incapacitated claimant's behalf. Visser ex rel. Eder v. Mahan,111 P.3d 575 (Colo. Ct. App 2005). The probate code's definition of incapacitated person is "an individual other than a minor, who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance." Colo. Rev. Stat. 15-14-102(5). So you, as the parent, must provide formal notice within 180 days of learning about the abuse to the school district and school that you intend to file a lawsuit. This is typically handled by your lawyer to assure that the requirements of the statute are adequately met.

Whether or not you have a case is going to take some investigation centered on what the school knew and when. You need to set up an in-depth consultation with an attorney as soon as you reasonably can.

Unless there was some basis for the school to know the molester was a molester, probably not. You may also pursue a civil case against the molester and the parents as well if he was a minor.

Consult with an attorney about all the facts, and your rights and options. For instance, discuss with your lawyer the ways which indicate negligence by the school.

You should consult with a personal injury attorney who can review all of the facts and give you specific advice for this serious matter. The school has responsibility to provide reasonable safety and supervision for the students, including your son.

I handle cases like this. If the school knew of the risk to your son from the other student, and failed to take reasonable steps to protect your son, they may be liable. Cases like these may be more complicated than you think, and you will need a lawyer to help you.

If there were a failure to supervise yes.

Potentially but often times public schools will invoke immunity.