when a child is injured in school, will the school be sued?
97081
if the school was negligent or did not take reasonable care to prevent an injury.Accidents do happen.\nThe burden of proof is on you.
918949
Talk with the principal immediately. It is completely ridiculous that your child should be left to suffer for the sake of the lowest common denominator. Fight on behalf of your child.
504168
Yes!  Schools can lock you in (or out) if there is any emergency situation going on inside or outside the area.  It is for your protection--and so that they don't get sued.
85177
The school should definitely be held accountable for not intervening and stopping the harassment.  They are responsible for investigating claims, such as the girls, and acting on the proper disciplinary methods to prevent it from happening again. I do hope that her parents moved her to another school. A school is supposed to be a learning (educational) environment free of harassment of any kind. We all know that it does happen. However, if she reported the incidents and pleaded for help then, the school should be sued over it. I would get a copy of the schools code of conduct as grounds and  more than likely her parents would have to file the suit, (assuming she is a minor).
3748
It depends on the school and school district.  Your best bet is to contact the school directly, the, contact the school.
816900
The aggressive child has a right to a free appropriate public education.  It sounds as if the "appropriate" part needs to be addressed here.  There are times when a student is placed in a special education classroom that, for many different reasons, is not able to adequately provide for his needs.  Although medication might very well be helpful, a parent cannot be forced to put a child on meds.  So I would strongly suggest requesting a team meeting (teaching staff, parents, school administrator, school nurse, psychologist, occupational therapist, speech and language therapist, etc.) to address the issue.\n\nAs far as your rights, while it is true that there is an increased risk of injury from student assault in special ed classes, you absolutely have the right to a safe working environment.  Are you filing incident reports when a student injures someone or needs an emergency behavioral intervention (such as needing to restrain a child)?  In my district, this is mandatory.  The paper trail insures that administrators and parents are kept informed, and it helps to establish that there is a pattern of behavior.\n\nI would also suggest that, as the parent of another student, you address the rights of the other students in the class.  Every child has a right to feel safe at school, and if another child is terrorizing the class and harming other students, I would complain to the administration and ask for a meeting on how my child's safety and right to a secure classroom environment were going to be provided.\n\nIt sounds as if the assaultive child needs a behavior plan to help him learn appropriate behavior.  And it may well be that he needs a different, more structured classroom environment in order to succeed.
731980
I think you are talking about due process hearings.  If you are not in agreement with the IEP you can call a meeting.  If you can't resolve your meeting you can either go to mediation or go directly to due process.  Once due process is called the district has 10 days to respond.  A hearing officer then listens to witnesses to determine a decision.  Decisions can be appealed by both school and/or family.  I believe legal costs are paid by the school district no matter what the outcome.\n\nDoes that help?
557978
Although I am not a Michigan attorney, I am a legal assistant to a personal injury attorney in Indiana.  Generally, all parks are covered with the understanding that there is always a risk when playing on playground equipment.  Parents and children use the park's amenities "at your own risk".  Otherwise, believe me, there would be many, many other lawsuits because children were hurt while playing at the park.
586950
Yes, the boy and his parents could be charged. Because of the boys young age, he will most likely be sentenced to mandatory counseling.  The parents, if found guilty, may have to pay a dollar amount to the victim's family.\n\nConsiderations:\n\nShouldn't the front wheels of the bus be turned to face the curb?  Was the bus in gear?\n\nUnder who's custody was the child in when the incident happened? It's sounds like it was right after school was released. Was the child waiting to take a bus home?
364950
I doubt the state could be sued for negligence.  We live in a country that you are innocent till proven guilty.  For the innocent that are charged this is good.  For the innocent no charged the guilty that are free to walk this sucks.
1378
Strictly speaking, anybody can be sued for anything.  Whether the suit gets anywhere is another question.  You should probably consult an attorney to see what your liability, if any, might be.
949874
If your child is causing other children harm their is a proper way many teachers are thought to restarint a kid. Other wise I dont think you are suppposed to.
496000
it really all depends on the natyre of the injury i beleive.  A lot of times it is done in a settlement...but it may vary from palce to place so take a look at some government web sites to get more informed.
1173616
Mr Chris: you should start keeping a log of all your activities, report all your incidences to school officials, they are there to create a safe environment for you. If at any time you do not feel safe report it to your principal or counselor. If you need to sue the school district because they failed to protect you, your log you kept will help you in the court of law!!!\n\nPS. your log is like a diary!
44117
In most cases, you can sue a minor.  However most jurisdictions will that the minor be represented by a "guardian ad litem" appointed by the court.  The exact requirements will vary by state.  Some states also have laws that make the parents liable for some of their childs actions.\n\nNow suing a child might not accomplsh anthing if they don't have any assets or insurance.  You should consult a local lawyer to evaluate your case.
940459
I wish that's all grade school did to me. I was hit and damaged psychologically. The teacher did it in front of the class. My parents didn't believe me. So the teacher got away with it. That was a long time ago but I'm still paying for it. I hope she died. \nIf you're serious about this question. You should be on the phone tomorrow finding an attorney who will work pro bono. That means they'll work for free til you win your case. Then they take a cut.\n.
1002509
To win the case, you have to prove negligence on the part of the college. If the accident is caused by you not watching where you are going, or you were distract, then you are the one negligent. Proving negligence on the part of the college is going to be real hard, because for example, you slipped on spilled coffee. How are you going to prove whose coffee made you fall?  If it is spilled and left there by  students, the college janitorial staff is obligated to mop it up to prevent an accident from happening, but establishing the time frame from the time the coffee is spilled to the reasonab;le time frame it should have been moped up is going to be hard, if not impossible to prove. I would just drop the whole thing myself.