Attacked by another student, resulting in fractured leg...

by Nicole
(Dahlonega, GA)

On the third day of school, as the high school students gathered in the common area, a boy attacked my son from behind, punching him in the back of the head. He then grabbed my son and threw him on the lunch tables, grabbed his leg and pulled him onto the floor where he began punching him.

My son tried to stand, but could not because of the injury to his leg. He eventually was able to get the other boy in a headlock when others pulled the boy off of my son. The school pressed charges against the other boy and suspended him from school for 5 days.

All parties and witnesses agree that it was unprovoked. The boy was angry because my son was "dating" his former girlfriend (whom he also abused). My son now has a fractured leg that may need surgery. I am not sure where to go with this.

Can we pursue the attacker or his parents for my son's medical bills? Does the school have any responsibility? Thanks for any information you can provide which may help us get through this situation.

Visitor Question:
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ANSWER for "Attacked by another student, resulting in fractured leg...":

Nicole (Dahlonega, GA):

The parents of the boy who attacked your son may be wholly liable for the injuries inflicted by your son. Under Georgia Revised Statutes Section 51-2-3 (a):

"(a) Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $10,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical expenses to another, damage to the property of another, or both reasonable medical expenses and damage to property."

From the facts you present, you have a legitimate personal injury claim against the attacker's parents.

If all you require is reimbursement for your son's damages, including medical bills and resulting costs such as medications, and even for your lost wages (if you had to spend time away from work caring for your son), and the parents agree, then fine.

Hopefully the matter can be settled amicably. However, if not, or you want additional compensation for your son's pain and suffering, then consult with several personal injury attorneys in your area. Most will not charge for initial office consultations.

Here's a more in-depth look at everything you can claim for damages.

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

Best of luck,

Judge Calisi

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