Legal Question in Personal Injury in California
Legal liabity of Schools
My daughter was intentionally kicked by a boy on the school playground breaking two of her fingers. Since the school day was almost out, the yard duty didn't address her injury and referred her the the YMCA (our after school care provider). I have heard that the boy has a history of being in the principal's office. The only disipline of the boy was a 1/2 day suspension. My daughter's fingers are going to take 8-10 weeks to heal and it is affecting her summer sport. Is the school legally liable for general damages as well as special damages?
3 Answers from Attorneys
Re: Legal liabity of Schools
I agree with both Mr. Stone and Mr. Roth.
It is likely that you will lose both actions.
Re: Legal liabity of Schools
It will be much easier for you to sue the kid's parents (who presumably have homeowners' insurance).
Suing the school, especially if it is a public school, is far more problematic. Aside from the special rules and very short time limits involving claims against public entities, you would have to prove that the school had a duty to protect your daughter. Not that this is impossible, but suing the parents would seem to be a better and easier way to obtain compensation.
The attorney you retain will help you fashion a strategy, maybe you will wind up suing both the school and the parents. Watch out for legal time limits!
Re: Legal liabity of Schools
Probably not. Unless the boy had a history of violence and the school failed to respond appropriately, or unless the school failed to appropriately supervise the kids on the school playground, they are not liable.
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