What can we do if my son was assaulted at Middle School and now needs a root canal? 13 Answers as of October 16, 2013

My 12 year old was assaulted and his face slammed into a wall during school hours. His tooth was broke off (front top tooth) and as a result, he needs a root canal and a new tooth! Can I sue the school as well as the parents?

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E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
Your primary claim would be against the parents unless the school somehow ratified or sanctioned the actions. The parents could be held liable for up to $10,000 plus costs.
Answer Applies to: Ohio
Replied: 10/16/2013
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Hello, this matter may well be pursuable. There are several potential theories of liability against schools for this sort of injury, including negligent supervision, not enough adults for the number of children, etc., as well as against parents of children, depending upon the circumstances.
Answer Applies to: Michigan
Replied: 10/15/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Was the school negligent in some way? Probably not. However, the kid's family may have insurance as part of their homeowner's policy.
Answer Applies to: California
Replied: 10/15/2013
Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
You may have a claim against the school for your son being injured on school grounds while in the school's care. You may also have a claim against the parents of the student or students, who injured your son, for the harm their child or children did to your son. Cases like your son's can be challenging and complex, so I highly recommend you contact an injury lawyer to help you.
Answer Applies to: Utah
Replied: 10/14/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
You can sue the parents ( in Connecticut only for up to $5000 for the intentional acts of a child). You can sue the child and if there is homeowners insurance they may pay if the claim is Negligence. The school may only be responsible if they knew of the trouble and could have stopped it and were somehow negligent.
Answer Applies to: Connecticut
Replied: 10/14/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can only go after the school if you can prove that they knew or should have known this was going to happen and failed to take adequate measures to prevent it. If you go after the parents (please don't try this on your own) you can claim this was horseplay that got out of hand. The reason is that there is no insurance for an intentional act, so if it was an assault, you run the risk that no one will be able to pay the judgment. On the other hand, if it was the unintended result of an intentional act, then the other boy's parent's homeowners insurance policy can come in to play.
    Answer Applies to: New York
    Replied: 10/14/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Many more facts are needed. How do you believe the school was negligent?
    Answer Applies to: Illinois
    Replied: 10/14/2013
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