An intense school fight can leave your child with serious injuries. You can only get your child compensation for such injuries if you target the right parties. Below are some of the parties who might be liable for your child's damages.
When you take your child to school, you hand over the parental obligations to the school. The school has the responsibility to care and protect the child just as you would if the child was under your custody. Below are some school responsibilities during school fights.
- Schools, via staff members, should break up fights, even using reasonable physical force if necessary
- Schools should inform parents about their children's aggression
- Schools should take necessary disciplinary measures, such as suspension, on abrasive students
- Schools should call the authorities if the staff members cannot deal with an aggressive student
If the school fails in its duty, then you have the right to hold it liable for your child's injuries.
The student who fought with your child may also be liable for their actions. Assault and battery are forms of intentional torts you can use to pursue personal injury damages. Assault and battery are criminal actions irrespective of where they occur — even on school grounds. The authorities may prefer to charge the liable student, especially in cases of serious injuries. In such cases, you can use assault and battery charges against the student as evidence in your pursuit of compensation.
In some cases, you may also succeed in holding the parents of the other student liable for your child's injuries. Parental liability laws make parents responsible for the criminal and civil actions of their children. Note that parental liability laws only apply to children under the age of majority. Adult children are responsible for their actions.
Lastly, the schoolteachers may also be responsible for your child's injuries. Teachers are rarely responsible for fighting students, but the liability might extend to them in a few cases. For example, a teacher who encourages a fight or stands by and watches a fight unfold may be liable for the ensuing damages. Teachers' liability is possible because they stand in place of the parents while the children are in school.
Apart from liability, you also need to prove your child's damages. Consult a personal injury lawyer to help you coordinate all the elements of your case so you can get your child the relief they deserve.