Visitor Question

Filing a claim for fighting and bullying against the parents and school?

Submitted By: Tishara (Antioch, CA)

My son was jumped after school by some kids at the school. He got a black eye. My son reported this to the school and they did nothing about it. My son was even being bullied on social media by these kids and the school still did nothing.

Do I have a case against the kids or their parents, and/or the school? How long do I have to file a case? Is there anything else I can do about this? 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 Tishara,

Unless your son’s nose was broken and eye socket fractured, or some other more serious injury then a “black eye,” you don’t have a personal injury claim against either the parents of the boy (or boys) who assaulted him, or the school district.

School yard fights are part of growing up. They have been happening for as long as there have been school yards. Having a serious talk with the other boys’ parents may solve the problem. If you believe the fight qualified as an assault, you can file charges against the boys. But from what you’ve stated, you may not get very far with an assault charge.

Social media can be a terrific asset, or a liability. Unfortunately, due to the First Amendment of the United States Constitution, people can say just about anything they want online as long as it is true.

If what is said is untrue, and the nature of the untruth was serious enough to cause your son to lose a scholarship, be placed back in school, or otherwise suffer serious damages, than First Amendment rights triumph over your son’s hurt feelings.

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 26, 2015

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