Violence at schools involves physical, psychological, and sexual acts, and sadly, these incidents are very common, whether a child is in class or during a school function or outing. The emotional scars of assault and battery at a school stay with victims for many years, possibly for the rest of their life. As a result, a child’s health and development can be affected, though the impact may not be apparent right away.
As children are still developing intellectually and emotionally, it’s not easy to say whether a student will cause harm to another child. That being, the following factors can increase the potential for a child to engage in violence:
- Prior incidents of aggression
- Substance or alcohol abuse
- Poor academic performance / acting out in class
- Mental health issues
- Domestic violence in the home environment
- Hanging out with other kids who are violent
- Lack of responsible adults in the child’s life
- Access to firearms and other weapons
If you notice any alarming changes in your child’s behavior, make sure to address the situation right away. They may be suffering violence at school, and even if it’s one incident, the long-tern effect can be devastating to their physical and mental well-being. School administrators and staff must also keep an eye out for violence, threats, bullying, weapons, and other signs that warrant immediate attention. Failure by a school to follow up on reports or suspicion of assault and battery during a school sanctioned activity makes them liable for any injuries to the victim.
Is a School Responsible for Assault and Battery on School Campus?
Yes, it’s possible to hold a school responsible for violent incidents on the premises. Schools in California – both public and private – have a duty to provide a safe environment for their students. That means teachers, coaches, administrators, and other people in charge of a student’s care must take steps to minimize injuries on the property. Schools must also take reasonable measures to protect students during school functions and school-sponsored activities like field trips.
When a school breaches its duty of care to a student via lack of supervision, failure to report abuse, etc., the student or parents can sue the school for monetary damages.
Legal basis for a school assault and battery lawsuit include:
- Negligence: schools are liable for any harm to a child when they failed to take actions that any other school would have taken under similar circumstances. For example, schools must investigate all allegations of assault, take disciplinary measures against the aggressor, and find ways to protect and support the victim.
- Premises Liability: schools have a legal responsibility to maintain premises that are safe and free of hazardous conditions, whether it’s making repairs to the building or ensuring adequate supervision of the students.
- Hiring and Employment Practices: schools must conduct thorough screenings on all employees prior to hiring, provide adequate training and oversight, and take punitive actions against staff members that violate school / district policies.
At the end of the day, a school should be a place of academic learning and social development, but some children are physically and psychologically scarred from a violent assault. To learn about your legal rights, make sure to speak with a lawyer that specializes in school negligence and misconduct cases.
Lawsuits for School Violence
We can’t expect school officials and employees to prevent every injury to a student during the school day. However, they have a duty to establish and enforce measures that are within reason for the sake of preventing violence on school grounds or off-campus activities sponsored by the school. If there is a failure by the school to exercise reasonable care and a student is harmed as a result, the school district may be sued for compensation.
Let’s say, for example, that school administrators received complaints from a parent concerning a student that threatened her child with a weapon. If the school fails to act or take appropriate actions, they may be liable if that student goes on to commit acts of assault against other kids
If you are successful in proving a case of liability by the school for injuries to your child, you can seek payment for monetary damages like cost of therapy and other medical expenses, emotional distress, and pain and suffering.
Suing a School District for On Campus Assault and Battery
Please note that suing a public school district is very complicated, as school districts are public entities. That means you have to comply with the laws for government tort claims, which come with many rules and restrictions, including strict timelines to submit a claim. Once you go through the claims process, you may have the option to proceed with a lawsuit through the court system, which is likely to settle out of court. However, a small percentage of lawsuits are tried in court, where a jury decides if the school is at fault for what happened to your child.
Families affected by these incidents should consult a school violence attorney to initiate the legal process and protect their right to financial restitution.
Violence by Teachers and Other School Employees
For most people, the subject of school assault and battery brings up images of kids hurting other kids. But students can also be injured by teachers and other adults that work at the school. These may be individuals on the school district’s payroll or employees with an after-school program that operates on school property. A student can also be physically or sexually assaulted by people with criminal intent when they are at school events on or off campus.
When the perpetrator is an adult, parents can seek criminal prosecution by filing charges with the police. But even if the person is cleared of all criminal charges, they and the school / district they work for can be sued by the victim or their legal representative through the civil courts. The burden of proof for a civil claim is lower than what is expected in a criminal case, but you should still work with an experienced assault and battery lawyer to ensure the best possible outcome.
Contact a California School Violence Lawsuit Attorney
Our children deserve to feel safe and cared for at a school, but this is not the case for many kids who are abused by bullies, employees, or visitors to the school. Our law firm is ready to hear your story and take immediate action on a claim for negligence by a school district. Simply contact us today to schedule a free consultation with one of our legal experts.
We do not ask for hourly fees or a retainer, so that means you can hire us without paying anything upfront. For payment, we wait to receive a percentage of your settlement after the case is settled in your favor. You are also protected by the Zero Fee Guarantee, so you are charged $0 if do not win your case.
Please take this opportunity to get in touch and learn about your legal options if your child’s school has failed to protect them.
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