Visitor Question

Teacher Attacked by Student…

Submitted By: Lee (Houston, Texas)

I was attacked by a student who caused me to injury my knee. The student wrestled me to the floor. While I was on the floor the student was hitting me and he ended up choking me. My knee was badly bruised and I was cut on my finger and chest. I wanted to be a teacher before, but now I don’t want to even look at a school or be around kids.

I’m wondering how much compensation I can get for being attacked by this student? Do I go after him and his family, or the school for reimbursement? Also, since I’m psychologically affected by this attack and no longer want to do my job as a teacher, is that worth anything? Thanks for any information you can provide.

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 Lee,

Parents are legally responsible for the acts of the children, especially when their children cause property loss or injuries to others. In most states, the age at which parents cease to be legally responsible for the actions of their children is when they reach the age of 18. Normally we would presume the student was a minor, but these days, there are young men and woman who are still in high school, and are well past the age of 18.

If the child was a minor you can pursue an injury claim against his parents. In some cases the negligence of children will be covered under the homeowners insurance policy. Unfortunately, criminal acts are not covered.

You may have a claim against the school administration. They have a duty to protect their teachers and other employees against undue harm and injury. Unfortunately, you don’t appear to have any physical injuries other than a bruised knee. You do however have emotional distress.

You’ll have to seek a psychological or psychiatric evaluation from a mental health expert. To recover more than a token amount for your bruised knee you’ll need a credible evaluation directly linking your emotional distress to the incident.

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: June 24, 2013

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