Legal Question in Personal Injury in Missouri
My 1st gradee was cut in the face by another 1st grader with a pair of metal sissors. Given to them by the teacher when they are suppose to use saftey ones. Should we sue the school and press charges against the student?
1 Answer from Attorneys
Hi. Going by the facts provided, you probably would not be able to pursue criminal charges in this situation against either the other student or the school, as the required intent does not seem to exist on the part of the teacher, and the student is likely too young to be charged in a criminal proceeding. On the other hand, you may have the elements needed to establish a civil claim for damages against the parents of the other student, or, more likely, against the school, due to the apparent negligence of the teacher. If negligence is established, you would be entitled to payment of all medical bills, including past expenses, as well as future, compensation for any permanent scarring that may have resulted, and payment for pain and suffering. Is it likely that the cuts will result in scarring? Has the school offered to pay any of the medical bills? For your convenience, I can be reached by e-mail at [email protected]. I am a personal injury attorney in the St. Louis area. Thanks.
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