Legal Question in Personal Injury in California

Verbal Abuse by students towards another student

My child is being harrassed continuously by other students for several months now. Degrading rumors are spread and she has been verbally abused for several months by numerous students. School administrators are notified and they have handled a couple of the problems. However, not to my satisfaction. Different students will pick up where the others stop, hence the harrasment is ongoing. As a parent, what are my legal options against the girls/boys and their parents for the emotional distress that this is causing my child and family, and for defamation of character of my child?


Asked on 3/06/06, 12:47 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Verbal Abuse by students towards another student

Welcome to public school. If the school makes reasonable efforts, they satisfy the quite limited requirements on them. Your idea of reasonable is not binding on them. They are generally immune from liability for the conduct of other students. This is why many parents want vouchers, and others pay the price of private schools where the parents have some influence on the administration.

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Answered on 3/10/06, 2:12 pm
David Lupoff Law Offices of David B. Lupoff

Re: Verbal Abuse by students towards another student

This question falls under more the Dr. Laura category. This is not a legal opinion, but a social one.

This sounds like a very unfortunate set of circumstances. First, I would remove your child from the school and place her into another school. If your child continues to be targeted, then I would look inward at your household, etc. to figure out why your child is a target. Also, I would seek professional help for your child immediately so that she can better deal with what is going on.

Kids will be kids and child behavior is very difficult to control and litigate.

I know it's not what you were inquiring about but I hope that I contributed to at least another way of viewing your child's problem. I wish you folks the best of luck.

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Answered on 3/10/06, 2:05 am


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