Legal Question in Personal Injury in California
My son was beat up on the play ground and I want to press charges... The school/district, the parents, or both? My 10 year old son was beat up by a group of three 9-11 year olds during recces on the school's playground, by the time one of the staff noticed something it was pretty much over and there was only one kid left, my son now complains of headaches as one of the children sat on and jumped on his head, and I plan on taking him to the hospital. Do I have a solid case or any grounds? should I proceed and how? Thanks in advanced.
2 Answers from Attorneys
I am sorry to hear about your son's injuries --I hope he is feeling better. If school personnel failed to adequately supervise the playground, then yes -the school district may be liable. Especially if there was a history of this type of behavior. If you would like to discuss this further, feel free to contact me via phone or email.
Regards,
Bryan
Becker Attorneys
877.201.8728
I agree with the prior response that the school district has a mandated duty to provide proper supervision for the children for a safe learning environment during and even outside of school hours. The district may be held liable if it did not comply wiht its mandate to do so. However it is a governmental entity and you cannot just sue. You MUST first file a notice of claim with the district with in 180 days of the incident indicating a notice of intent to sue or you waive your rights. Then wait for a rejection letter. However, sometimes no such letter is received and that would be deemed a rejection. You should consult an attorney but if you have not received a rejection letter within 45-60 days after filing then you would want to file a lawsuit and include those children and their parents. By law parents will have some limited liability for medical expenses you incur due to the intentional acts of their children. You should consult an attorney. I also hope that your child is ok but obviously you are wise to have a doctor examine your child regarding the headaches. I hope this helps. Bob Worth