Legal Question in Personal Injury in New York

9 year old attacked by parent

My grandson at the end of religion class was suddenly picked up by a parent, slammed against the blackboard and bitten on the shoulder. The parent exited with his child abruptly rushing past the teacher. The only witness to this was another 9 year old. The teacher was dismissing a special needs child at the time. The child was taken to the hospital and treated for trauma. The police on Long Island do not give credence to under age witnesses and will do nothing about this. Are there any options here?


Asked on 10/20/08, 4:27 pm

1 Answer from Attorneys

Re: 9 year old attacked by parent

I suppose you might consider an action against the parent on an intentional tort theory of assault (one year statute of limitations). The difficulty is evidentiary as there may be no reliable witnesses, and the fact that homeowner's insurance, if any, wouldn't cover deliberate acts. If the parent has assets, you could try. Doesn't sound like your grandson had any permanent injury, which is a good thing, of course. I am not enthusiastic about an action against the school for negligent supervision, as this involved a parent, not an intruder, and seems to have happened quite suddenly.

Read more
Answered on 10/21/08, 11:15 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York