Legal Question in Criminal Law in California

incident that happen to my son at school

My son was in the bathroom while at school. 2 upper grade boys lit napkins on fire and threw it under the stall. he stomped it out but got his hait on legs burnt. the school stated that they are going to search the upper grade classrooms for a lighter. what actions can I take


Asked on 5/14/09, 3:09 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: incident that happen to my son at school

What actions are you looking to take?

Can you sue the school? You would have to prove that the school was somehow to blame for the criminal acts by other students and that such acts were foreseeable by the school & they didn't properly protect your son. Unlikely.

Can you sue the other children (and/or their parents) for the injury to your son? Yes, but what are the damages? I'm glad your son wasn't harmed, but what value are you putting on burnt leg hairs? You would likely spend more in filing costs and legal fees than you would ever hope to recover.

Stay on the school and have a police report filed. This is a case best handled by the police and juvenile court system if the kids responsible are identified.

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Answered on 5/14/09, 7:26 pm


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