Legal Question in Personal Injury in Georgia

Sex assault on school bus

15/f was sexually assaulted on a school bus during a field trip. There were 4 teachers on the bus, all seated toward the front. All students on the bus are in the school's special education program. The 17/m that assaulted the girl had a history of aggressive behavior, even toward this girl, that was acknowledged by school officials. On board video showed the boy leave his seat twice, the girl trying to get up, him forcing her down, all while the teachers were in conversation with each other. The boy admitted to the school's principal, and he was later arrested, with charges expected. What type of immunity do the teachers, school, school district, bus company, etc. have? This question is concerning both criminal charges as well as a possible civil suit.


Asked on 12/20/07, 8:28 pm

1 Answer from Attorneys
W James Moore MOORE & HAWTHORNE, LLC

Re: Sex assault on school bus

I am very sorry to her about the sexual attack on the 15 year old girl. As it pertains to a possible civil action, this is a very complicated case. You are correct in that school systems are provided certain immunities from their negligence. Part of the determination of liability and immunity depends upon whether the acts are deemed discretionary or ministerial.

Due to the complex nature of the legal issues presented, I cannot advise further at this time. However, I would be more than willing to discuss this matter with you in more detail. Please feel free to contact.

Sincerely,

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Answered on 12/21/07, 8:44 am


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