Legal Question in Personal Injury in California
Civil lawsuit
My son was involved in a school function where 10 children were provide with a limo for transportation. The school did not provide a chaperone. Because the children were not supervised, one of the children in the vehicle removed a bottle of alcohol from her purse. She drank some and passed the bottle around. My son was given the bottle but he passed it off and did not drink. Ultimately he was suspended for being in possession for a controlled substance. In addition he will be removed from an elected school position due to the suspension. Was the school negligent in protecting my son by not providing a chaperone and thus giving this girl with the alcohol the opportunity to get the other kids in trouble. In addition, this girl who has now led to the suspension of my son (and the other children) from school and the loss of his student government position, does she and her parents have any liability? Can I successfully sue both the school and this other child and her parents for the damage they have caused my son. I am afraid of the stressfulness of this incident and the trauma he has suffered due to the negligence of others. Prior to this incident, my son had been a model student and top of his class.
3 Answers from Attorneys
Re: Civil lawsuit
First go to the head of the school and try to get him/her to reverse their decision to suspend him. He was not in possession of a controlled substance in that he touched it and passed it to another immediately; there was no intent to use or keep it. What if he saw an accident, ran over to help, a nurse also went to assist as did a Dr., the Dr. handed him a vial containing a controlled substance pain killer to hand to the nurse. Would he also be suspended? Point out to the principal that courts have a low tolerance for any rule that shows no flexibility, is applied whether or not the person had any improper intent, and has no lattiude. You might want to contact your local branch of the American Civil Liberties Union as they have an interest in these types of cases.
The school should probably provided adult supervision, but would that person be riding in the back of the limo? Possibly not. You could try to argue to the principal that since the school was negligent or at least not very careful in allowing the incident to occur, you want the management person who made that decision disciplined [which probably is the principal] as your son endangered no one but that person endangered all the children in the limo. Threaten to take it to the School Board.
I will try to provide more opinions later.
Re: Civil lawsuit
No.
Re: Civil lawsuit
I have great respect for Mr. Shers' and his legal expertise, but I disagree.
How old are the children? Are we talking about 16 or 17 year olds, or 8 year olds? My guess is that they are close to being seniors, and old enough to know better.
In my opinion, you can't successful sue anyone here, assuming the children were 16, 17, etc. and old enough to know better and be responsible for their actions.
Your son was involved!
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