Visitor Question

Assault at school video taped…

Submitted By: Micki (Macon, GA)

My daughter was jumped at school yesterday. The young lady who did it waited outside of my daughter’s classroom to beat her up. The entire fight was caught on a phone camera and posted on social media.

My daughter indicated that she told a school official around 12:30 that this young lady was harassing her and she was brushed off. At 1:55- 1:57 my daughter got jumped.

What kind of case am I looking at? What can be done? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Micki,

Hopefully your daughter’s injuries were not too serious. From the facts you present, it appears your daughter did not require medical attention.

The attack your daughter suffered was a criminal act. In the State of Georgia assault is a crime. Depending upon the seriousness of the attack, the assault can be a misdemeanor or a felony. It’s important for you to file a police report. That way there will be a permanent record of the assault. Moreover, the student(s) may be arrested for assaulting your child.

In the event your daughter did sustain injuries as a result of the attack, there are two issues to consider. The first is a question of school liability. The second is the personal liability of the attackers’ parents.

Schools can be held liable for the actions of certain students when the school administration or teachers know or should have known about the violent nature of the student. This is especially true if prior complaints had been filed against certain students who had previous incidents of violent behavior.

Unfortunately, the school does not have to reveal to you personal information about other students. That is unless they volunteer to do so, or are issued a court ordered subpoena for those records.

Parents can be held personally liable for the actions of their minor children, especially when those actions result in injuries to others.

In the event your daughter sustained serious injuries as a result of the actions of other students, their parents would likely be liable for your daughter’s injuries and resulting damages.

Damages can include your daughter’s medical and therapy bills, your out-of-pocket expenses (for such items as medications, costs of travel to treatment, crutches, slings, etc.), lost wages, and for her pain and suffering.

Contact the school administration. Make sure there is a written report of the incident. The school incident report and the police report can be vital evidence. In the event another attack occurs, you will likely have the basis of a strong personal injury claim against the school and the students’ parents.

This will be important in the event the same girls once again attack your daughter or other students. After filing the report, if the school takes no disciplinary action against the students and the students once again attack your daughter, then you will very likely have the basis of a viable injury claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 10, 2015

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