Legal Question in Civil Litigation in Virginia

Re: Negligence

No, it is unlikely that the school would be found

liable for what you call negligence under the particular circumstances described(in my opinion).

Re: Negligence

I am not sure agree with Mr. Hendrickson, but he is right that it depends on the circumstances.

On the one hand, you have not given us any facts here that show negligence by the school. On the other hand, you say the school admitted negligence. Why and how were they negligent?

It would really depend upon the exact facts. For example, if a fight had been brewing, the school personnel did not do anything about it, and knowing that there was a conflict, the teacher left the room unattended. That is NOT the only scenario that could be negligence, but only a "for instance."

Also, I am not certain myself if a public school might have sovereign immunity. I don't think so, but you would have to check on that as a separate question. I am very sure that for this type of case, the General Assembly has waived sovereign immunity, but your attorney would double check this.

Also note that if the schools are a branch of the County, you may need to serve a demand upon the County promptly. I forget the number of days but it might be 60 or 90 days.

In other words, I would immediately send a letter to the Chairman of the Board of Supervisors in your County notifying them of what happened and making a demand for your medical bills, etc. (Or better yet see a lawyer promptly.) Even if you choose not to sue later, you will be covered.

Also, don't forget that you might be able to sue the other child (really, his parents) for your costs and medical bills.

Re: Negligence

Not likely. You would probably be wasting your time pursuing the school. You don't say how the school would be liable here or how the school "caused" this to happen.