Visitor Question

Can I sue my son’s school for negligence?

Submitted By: Christina (Sun Valley, CA)

Yesterday my son was involved in an altercation at school with an 8th grade boy who is my son’s same age. My son ended up having a minor concussion due to this incident. There was no real adult supervision when the incident occurred.

All 3 staff members from school say different things and no one really seems to know what happened. Due to the concussion my son sustained he doesn’t fully remember the whole incident in detail.

What can I do? Can I sue my son’s school for negligence?

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 Christina,

You can sue the school but there is no guarantee you will prevail. From the facts you present your son seems to have been involved in a schoolyard brawl.

Not too many years ago your son would have been checked out at the hospital and returned to school, maybe to pay the boy back with a couple of roundhouses. But in this litigious age in which we live, when a couple of boys get into a scrape the parents think about lawsuits.

Unfortunately there is no medical term for a “minor” concussion. A concussion is either a concussion or not. A concussion occurs when the brain is jolted so hard against the inside of the cranium so as to have caused unconsciousness.

Unless your son suffered unconsciousness you may be misidentifying his injury. You should have him checked out by a doctor. In order to pursue a claim against the school or the other boy’s parents you’ll need medical documentation verifying your son’s injuries.

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: January 18, 2012

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