Visitor Question

Broken Thumb from Getting Kicked at School…

Submitted By: Anonymous (USA)

My son was at school when a girl kicked him and broke the main bone in his thumb. Now he has to have surgery to repair the damage. The girl was suspended for 2 days, meanwhile my son needs surgery.

The school principal told the girl that it was okay because my son had said something to her that was not nice and kicked her foot, but there was no bruise on her.

Who is responsible for this and can my son get compensation for his surgery? 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 Anonymous,

If the children were minors, most states will hold the parents of the children liable for injuries their children may have inflicted upon others.

If there exists credible evidence your son kicked the girl first, then her response may have been entirely appropriate as a form of self-defense.

It isn’t necessary that the girl be bruised.

If it can be established by verification from other children your son struck first, then any thoughts of a legal action would be inappropriate.

If there exists credible evidence your son struck first and the girl defended herself, then neither the school nor the girl’s parents will be liable for your son’s injuries and his resultant medical costs.

If there exists credible evidence your son struck first and the girl defended herself, you would probably be placing your son’s reputation in jeopardy for wanting to sue a girl because she kicked him back after he kicked her.

If that’s the case you and your son would probably be best served by moving on.

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 19, 2011

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