Legal Question in Civil Litigation in California

Student safety at school

Our son was taken out of class by an

unauthorized parent from a supervized

classroom at a private school.. walked

to the parking lot.. put in his truck

where this parent put his hand in his

mouth and pulled out a loose tooth.

The school should not have released

our son from class to this individual.

The parent in question still is allowed to

roam school grounds and the parent in

question will be back on campus this

year. The school said it was handled.

Our feeling was that the parent should

be banned from campus.. the school

disagrees.

We feel strongly this is a safety issue

and have legal grounds. Do we have a

case?


Asked on 8/26/06, 12:17 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Student safety at school

This is a very strange story and I have heard many. Are you sure all the parent did was to remove a tooth?? At the very least, your child may have a cause of action against the parent for battery. In addition, the school had a duty to protect your child from harm. By allowing this parent to remove your child from class, it appears that the school failed to protect your child and as such, you also may have a cause of action against the school.

With this said, you must look to damages. Since your child already had a tooth on the way out, there may not be any physical harm�unless there were complications. However, emotional distress is probably an avenue to explore since it was probably very frightening for your child to have some stranger pull out a loose tooth.

I think that there must be more history with the school and the parent.

Please contact my office at 818.385.0520 so that I can gather more details.

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Answered on 8/30/06, 1:29 am


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