Visitor Question

Concussion from getting punched in the head at school…

Submitted By: A (MA)

My 10 year old son was punched in the head during recess time in school by another 10 year old child. The other student is well known in school for his outbursts and misbehavior. Prior to hitting my son, the same student punched a girl in the face giving her a bloody nose.

My son suffered a serious concussion and is still recovering. We’ve been to the ER a couple of times, and to his primary care physician. Now he’s being followed at the Concussion center. He is also suffering from severe headaches and depression (which he never suffered from before).

My son is attending a public school in MA. We understand that the school is not liable since the injury was caused by the 3rd person. But are the boy’s parents liable? Is there anywhere else we can go to get my son’s medical bills and treatment covered? What can we do? Thank you so much.

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 A,

Contrary to what you have been told, the school district may share some liability for your son’s injuries. While in most cases school districts are not liable for playground injuries, there is an exception…

If the school knew, or should have known this boy had a propensity for striking and injuring other students, and in spite of that knowledge the school or its administrators failed to take preventive action, then the school district may be liable. The liability may fall under the school administrator’s “reckless disregard for the safety of its students.”

You are correct when discussing the liability of the boy’s parents. In many cases, parents are liable for the acts of their children, especially when those actions result in injuries to another person. In this case, the parents knew, or should have known their child had a history of injuring other students. As a result, they may be held liable.

Because of the seriousness of your son’s injuries and resulting medical bills, you would be well-served by visiting with one or more personal injury attorneys. Because there seems to be dual liability, it is likely you will find an attorney to accept your son’s case.

Personal injury attorneys normally don’t charge for initial office consultations. Moreover, you won’t have to pay any legal fees unless, and until your attorney settles your son’s injury claims, or wins the case at trial.

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: December 25, 2014

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