Student Attack Leads To Personal Injury Lawsuit
The parents of a boy who was attacked at school have filed a personal injury lawsuit against the school for failing to protect their son. According to the lawsuit, the boy suffered permanent disability and traumatic brain injury as a result of the attack. The attacker was on in-school suspension when he attacked the other boy. Upon leaving in-school suspension, he found the boy in the hallway and used a piece of metal to strike him in the head. The boy had a cut above his left eye and traumatic brain injury, according to the parents. The lawsuit states that he required significant medical treatment and care as a result of the attack.
According to the lawsuit, the same child had previously assaulted 6 other students, and administrators were aware of the problem.
School bullying lawsuits
Can you file a lawsuit against a school district for bullying? Yes. However, Florida verdicts tend to require a claim of either physical or sexual assault. In other words, there has to be more than merely hurt feelings. There are two ways to file such a lawsuit.
- Premises liability lawsuits – Schools are premises that are controlled by either the school, the government, or a church. Whoever controls the premises is liable when someone is injured. Such lawsuits are filed under a theory of negligent security. The school has a duty of care to ensure the safety of its students. When the school violates that duty of care and someone is injured, the school is liable. To prove premises liability, you must prove that the school failed to act on foreseeable knowledge. If someone punches someone else on the first day of school, the school could not have reasonably been said to be negligent for the student’s conduct. In the aforementioned cases, there were six instances of battery and the kid clearly wasn’t getting the message.
- Civil rights lawsuits – Parents may not be able to file personal injury lawsuits against school districts for verbal harassment, but if the harassment is based on a protected category, like race, religion, gender, gender expression, sexual orientation, disability, country of origin, or any of the other protections afforded to workers under state and federal law, then the parents can file a civil rights lawsuit against the school on the grounds of a hostile work environment.
There is a huge difference between these lawsuits from a legal perspective. First of all, civil rights lawsuits can be difficult to win because you have to show a pattern of indifference to verifiable complaints. Hence, you need a completely different type of lawyer to file these claims against schools. Often, however, lawsuits can allege both civil rights violations and personal injury allegations. That’s when you know the school is really in trouble.
Talk to a Miami Personal Injury Lawyer Today
If your child has been injured due to the negligence of a school or organized activities, call the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. today and we can file suit against them, holding them accountable for your child’s injuries.