Visitor Question

Restitution after son assaulted at school without provocation?

Submitted By: Sherry (Sicklerville, New Jersey)

My son was at school on 5-3-18. He was speaking to a teacher & was hit multiple times in the back of the head by another student. After being hit he fell to the ground to cover his head to reduce further hits. From what I understand another student grabbed the one hitting my son & at that time the assaulter kicked my son with a boot to the face (in the eye) which caused 5 stitches.

The school officer charged the Assaulter with 3rd degree assault. This student is from what I understand 18. I have yet to hear from the principal or any other school official since this occurred. This was not a warranted attack, my son does not know this student.

The school did send papers with my son to pay for medical bills but I want to know who will pay for his scar? Who will pay for his pain & suffering? And why has no one from the school called to check on him? The officer at the school has called as a parent not a cop. What do I do? What happens now? Thank you 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 Sherry,

In most cases schools cannot be held liable for student-on-student violence. It would be a practical impossibility for school districts and their employees to constantly monitor student behavior to that level.

However, in those cases where school district or their employees become aware of a student’s propensity for violence, especially on school grounds, and take no action to reasonably protect other students from such violence, the school district may be held liable for the injuries and resulting damages suffered by the student victim.

In your son’s case, there doesn’t appear to have been evidence of prior assaults by the student who assaulted your son. If that is the case, the school district may not be liable. If the assaulter did in fact have a well known history of violence, and the school did nothing to protect other students, the school may hold some liability.

The next issue is the age of the student who assaulted your son. Because he was eighteen (18) years of age at the time of the assault, he may be held personally liable for your son’s medical bills and related expenses.

Because of the serious nature of a scar, especially if the scar may be permanent, you would be best-served by seeking the advice and counsel of several personal injury attorneys in your area. A permanent injury claim, such as facial scarring, is too serious for you to try to handle on your own. Most personal injury attorneys do not charge for initial office consultations.

Learn more here: Felony Assault & Battery

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 with your claim.

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