Visitor Question

Broken Jaw from Assault on 18 Year Old While at School…

Submitted By: Audrey (Salem, OH USA)

While at school, our 18 year old son was assaulted by another boy. Our son went to the hospital, signed himself in and also signed for the surgery. His jaw was broken and the surgery consisted of putting screws in and wiring the jaw shut.

The boy who assaulted him was arrested. We are worried about the medical bills my son will have and were hoping he could get compensation from the boy, the boy’s parents and/or the school. Can we do this? We live in Ohio and he was going to a public school. 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 Audrey,

If the boy who assaulted your son was a minor at the time of the assault, you may have a civil cause of action against one or both of his parents. In the State of Ohio, as in many other states, parents can be held civilly liable for the criminal actions of their children. The minor’s actions are imputed to the parents.

In addition, you may have a civil cause of action against the school itself. The school probably is insured for just this sort of incident.

Make sure you secure a copy of the police report. That report will be one of the most important evidentiary documents in your case.

Also see if there were any witnesses to the assault and take down their names and contact information. Speak with them and see if they will be able to give a statement, or testify at any court hearing.

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: March 23, 2012

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