Legal Question in Family Law in California

The legal rights of you and your son are determined, to a great extent, on the nature of the activity which led to your son's injury. If the injury was a typical school yard injury, where, for example, your son was injured during the routine course of an athletic event, then the school will likely have no liability. On the other hand, your question indicates, "my son was hurt at school by his teacher." The key question is, "How?".

You need to look at what the teacher did or failed to do that led to the injury. If the teacher's conduct was "negligent," it means that the teacher had a duty to act or not act in a certain way, and the teacher breached that duty, leading to an injury.

Beyond negligence, the teacher's responsiblity may be the result of improper conduct that is "intentional." For example, if the teacher actually struck your son or stood by doing nothing, as your son was injured by others, the teacher may not only be held liable for your son's injuries, but there may be other types of damages that are recoverable.

Often, a teacher's conduct is covered by a school's insurer. Sometimes, it is not. It really depends on the nature of the conduct. Look at what type of notice that the school or school district had that the teacher's conduct was going on. Look at whether the teacher was involved in similar events, in the past. Look at whether the school to reasonable care to provide for your son's safety.

My office only recently obtained a complete resolution of a matter between the parent of a child who allegedly suffered as a result of a school's failure to act reasonably.

You should definitely check with an attorney about (1) the school's possible liability; (2) the teacher's possible liability; and (3) how your son's actions effect the whole picture.