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My son was badly injured in a fight at school, who is liable for the damages?
Question: My son is in 10th grade and was recently involved in a fight at his school that he did not pick. The fight actually broke out in the middle of class for some unnamed reasons, and the attacking student punched his front teeth out. The attacker got suspended for a few days and thats it. I consulted with my Dentist and am left with pretty hefty bills that I cannot afford and do not have insurance for dental for him. Is the school held liable or the boys parents?
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Answers (1)
The verdict on this matter depends entirely on your resident state's statutes and torts for personal injury liability. In certain states, you can hold the school liable for such conditions if the attacker was a known trouble maker, there was improper supervision, or a lack of action that should ahve been taken to prevent the attacker from being able to attack students.
In certain states the school may not be held liable, in which event you would need to take your case to Smalls claim Court (which comes with a fee), or file a Criminal Claim (which is usually free.) It would be advisable you consult with a Personal Injury Attorney that can help you for damages and ensure proper compensation. If in fact the school can be held liable, an Attorney can help advocate the claim and ensure compensation for damages.
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Posted by Staff Writer on 21 Jan 2010