Visitor Question

Son bitten by other student…

Submitted By: Tom (scranton PA)

My son has been bitten several times at daycare by the same student. The director at the facility won’t share the other student’s name, however told me he has “problems.” Yesterday was the 8th time this happened! But they won’t remove the other student. He has bitten other students as well.

What can I do? Who can I turn to? Can I file a complaint or somehow get this student removed so the environment is safe for my son and the other students? Any direction you can give would be appreciated. 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 Tom,

A school has a legal “duty of care” to do everything possible to assure students are safe from undue harm and injury. This includes protecting your son from injury.

When a school knows, or should know, one or more students are being injured by one or more fellow students, the school has a legal duty to remove the student from contact with other students, or take other action to protect the other students.

When a school ignores violence against students, the school has “breached” its legal duty of care. That breach is referred to as “negligence.” Learn more about the concept of negligence in personal injury claims here.

When negligence results in “damages” to a victim, the school becomes responsible. Damages can include your son’s medical bills, your out-of-pocket expenses (for any medications, bandages, etc.), your lost wages (if you had to stay home to take care of your child, or had to take him for medical treatment), and your son’s pain and suffering.

Fortunately, from the facts you present, your son didn’t require medical treatment. As a result, you do not appear to have a basis for the recovery of damages.

As a parent, you have a legally duty to “mitigate” the circumstances leading to your son’s repeated injuries. To mitigate means to take reasonable to action to remove your son from an environment where he might be injured.

As difficult as it might be to accept, you failed to remove your son from that environment, despite knowing there was a good likelihood he would be injured.

You permitted him to attend the school after he was bitten again and again, right up to eight times. This fact would diminish the likelihood of succeeding in a personal injury claim. But you should still speak with an attorney.

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: September 15, 2015

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