Paraplegic Boy Sues Bully, Alleges Bully Caused Injuries
A young boy who was seriously injured by a school bully, Samuel Brown, is suing his school and the bully’s parents for his injuries. The suit claims that the school had notice of the bully’s attacks on other occasions, including prior attacks on the plaintiff, yet did nothing to punish him, or to protect Brown. Instead, the suit claims, the school ignored the complaints, and even referred to children who told them of the attacks as tattletales, and in other ways exhibiting “callous disregard.” The suit also places blame on the bully’s mother for not punishing or correcting her child after previous violent behavior.
The basis for the suit involved a drawn out attack whereby the bully threw the plaintiff against a wall, lockers, and other places in a hallway which led to the plaintiff becoming paraplegic. The boy and his mother are seeking compensatory and punitive damages.
Are School Officials or Parents Liable for a Minor’s Actions?
Generally, school officials are not liable for anything that occurs as a result of the performance of their official duties, sometimes even including negligence. This is sometimes referred to as governmental immunity. However, if the school official’s actions rise to a certain level, defined by state or federal law, then they can lose their immunity and be sued in an individual capacity.
Likewise, parents are not always liable for the actions of their children, unless they have been put on notice, through past actions, or the actions can be said to be the result of the parent’s action. For example, if a parent purchased firecrackers, and left them in front of the child’s bedroom, the parent may be liable for the damages caused as a result of the child lighting the firecrackers and catching the neighbor’s house on fire. The relevant state or federal law, outlining when a parent is liable would contain the relevant standard. The reason for the general rule that a parent is not liable, stems from the reasoning that one person can not be held liable for the intentional actions of another if they were not somehow involved or related to the action.
What to do if your child has been bullied
If your child has been hurt by a school bully, you may be entitled to compensation, whether from the school or the child’s guardians, or both. You should contact an experienced Education Law or Personal Injury attorney in order to evaluate your potential claim.
