Legal Question in Legal Ethics in North Carolina
daughter left on school bus
A 2nd grade child was left on the school bus after falling asleep. The bus driver took the bus to it's location to park it for the day when she woke up and realized where she was. He then took her back to the elementry school but no one ever bother to contact her parents. Her parents only found out because the 2nd grader told them. She asked to get a written statement telling her exactly what happened but everyone refuses. The driver said that he is not responsible for any kids on that bus. He also says once the kids are on the bus they are pretty much responsible for themselves. Basically I want to know if I have a case here?
1 Answer from Attorneys
Re: daughter left on school bus
I can sympathize with your concern about the child. It appears to me, however, that there is no actual "harm" or "damage." Usually, the law requires that there be some damage or harm before you have a civil action for which you (or a child) can recover damages. It would seem that the most you can do is complain to the local authorities (e.g. principal, school board). I am also not aware that you have any legal right to information from the driver or others with the school. You may want to check with the county's written policies (e.g. for obtaining information, or filing a "grievance" or complaint), or with whatever authority is appropriate. As an aside, I tend to think the bus driver has some responsibility here, but on the other hand, it is understandable that he or she would not see the child sleeping in a seat.
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