Legal Question in Personal Injury in California
my son was assaulted at school can I sue the school as well as the parents of the child? My son needs a root canal because of the assault.
2 Answers from Attorneys
Your son can sue the child that assaulted him. Whether or not there are facts to support a claim against the school or the parents is not clear from your post. Please be advised that if you do sue the school district, that filing a claim pursuant to the Government Tort Claims Act is a prerequisite. A timely claim must be submitted to the public entity within 6 months of the incident. You are advised to seek a personal injury attorney as soon as possible.
I agree with Mr. Roach. But I have successfully represented a high school student who was assaulted at school. We sued both the family and the school district, which has a legal duty to provide a safe learning environment. But without more more facts it is not clear whether your son's school (and therefore the district) acted properly or not. Be mindful of that 180 day written notice of claim deadline to the district. I hope this helps.