Legal Question in Education Law in California

My son went to a nationally accredited preschool and he was hit by a teacher. He is 4 years old and he hit her in the face and apparently she slapped him in the face. The preschool is telling us that they're still investigating, but the teacher told me herself that she hit Xavier. She said that she hit him so that he knew what it felt like. Is there any recourse for us? She was not at the school today and I suspect that she will lose her job.

Thank you for your advice.


Asked on 10/08/09, 12:49 am

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Yes, you have a cause of action based on the battery committed agaisnt your son. Also, the school will be liable since the tort occurred when the teacher was an employee and acting within the scope of her duties. However, the amount you would recover would be related to the damages suffered by your son, including emotional damages. I don't see any mention of physical damages in your question.

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Answered on 10/08/09, 8:10 am


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