Legal Question in Personal Injury in Illinois
School Injury
An eight year old child in a Special Ed contained class was injured while the two adults [an aide and substitute] which care she was entrusted to looked--name removed--without stopping the inappropriate behavior--name removed--the child prior to the injury. The teacher was absent.
There was only five students in the class, including this child. They were supposed to monitor her and immediately adjust any/all inappropriate behavior to the proper behavior.
They did nothing to advert this injury from happening.
The child had to have stitches for a week. The child will have permanent scarring. The child is beginning a modeling career. What is the legal recourse in this matter?
2 Answers from Attorneys
Re: School Injury
I believe you have a case for negligent supervision against the school district. If it can be proven that the other kids had a propensity to violence, you may even have a cause of action against their parents.
Your case needs to be investigated further. The information you have provided is not enough to be able to give you an answer with any degree of certainty.
With respect to damages: what makes you think that the child would have been successful in his or her modeling carrier? That is the question that must be answered with tangible evidence before you can claim that as a loss. Although, scaring is a loss and embarrassment caused by it is also a compensable loss--but the child needs to be able to articulate the embarrassment.
I hope this helps,
Taradji Law Offices
Re: School Injury
Your child has a potential case against the school sounding in negligence. The permanent scar on the child's face is significant regardless of a modeling career.
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