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Attorneys: A History of Helpfulness

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Attorneys: A History of Helpfulness

Attorneys in our day are often called bottom feeders, ambulance chasers or worse. I am an attorney in private practice, and it is my mission to show you that the law is a calling filled with noble and enthusiastic people who are doing the job to help others. The law can be incredibly confusion, and it seems to change drastically day by day. Attorneys are there to help clients navigate the murky waters of legal issues and find the most appropriate solution to problems they face. So don't think of a lawyer as the bad guys. Lawyers help people, and this blog will teach you how.

4 Parties Who Might Be Liable For School-Fight Injuries

19 March 2020
 Categories: Law, Blog

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.

The School

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

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.

The Parent

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.

Teachers

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.