Legal Question in Education Law in California

School responsiility for child's safety

A 16 year old was assaulted by fellow students across the street directly in fron of the fron door of his High School. He suffered severe injuries and needed to be medevaced by helicopter. The school board did nothing despite witnesses statements and even allowed the main agressor to go back to school. The court only gave this agressor 1 year probation. The victim's parents could find no remedy in criminal court and it appears that the parents of the two 16 year olds who assaulted the victim have nothing that they can be sued for. My question is, can the school district be held liablle for what happened? How far is from the school facilities does lresponsibility for a student's safety extend.? Are there any other remedies that can be pursued? Ther victim's parents owe tens of thousands for the medevac and surgery. The victim has permanent physical and psychological damage.

Thank you very much. This occured in Southern California in the Imperial Valley


Asked on 9/10/08, 11:12 am

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: School responsiility for child's safety

Okay, this is - as many of these cases are, very fact dependent. For example, the vital question is, did the school district know or should have known about the violent behavior of these students and did they have a duty to prevent the harm? If they knew or should have known and they had a duty...did they breach that duty? As you can see, these can be tough cases.

That being said, if you can overcome these issues, they school district may in fact be found liable.

Importantly, any claim against a public entity has strict statutory deadlines associated with it. I suggest you contact an attorney asap to discuss.

If you would like my advice, please feel free to contact me.

Warmly,

Bryan

619.400.4929

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Answered on 9/11/08, 2:24 pm


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