Legal Question in Civil Litigation in California
Student safety at school
Our son was taken out of class by an
unauthorized parent from a supervized
classroom at a private school.. walked
to the parking lot.. put in his truck
where this parent put his hand in his
mouth and pulled out a loose tooth.
The school should not have released
our son from class to this individual.
The parent in question still is allowed to
roam school grounds and the parent in
question will be back on campus this
year. The school said it was handled.
Our feeling was that the parent should
be banned from campus.. the school
disagrees.
We feel strongly this is a safety issue
and have legal grounds. Do we have a
case?
1 Answer from Attorneys
Re: Student safety at school
This is a very strange story and I have heard many. Are you sure all the parent did was to remove a tooth?? At the very least, your child may have a cause of action against the parent for battery. In addition, the school had a duty to protect your child from harm. By allowing this parent to remove your child from class, it appears that the school failed to protect your child and as such, you also may have a cause of action against the school.
With this said, you must look to damages. Since your child already had a tooth on the way out, there may not be any physical harm�unless there were complications. However, emotional distress is probably an avenue to explore since it was probably very frightening for your child to have some stranger pull out a loose tooth.
I think that there must be more history with the school and the parent.
Please contact my office at 818.385.0520 so that I can gather more details.
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