Below are some initial questions many clients have when they first contact Benjamin W. Glass, III & Assoc. PC. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your firm. The consultation is free.
Q: If one child accidentally hurts another child while in school under schools supervision, resulting in a couple stitches and there's a medical bill, who's responsible?
A: The answer is "probably no one." Depending on the age of the child who caused the injury he or she may or may not be liable for his actions. The older the child the more likely he could be found liable. Generally, parents are not directly liable for the acts of their children.
The school and its teachers are probably not liable as well. Generally school teachers are granted broad immunity from lawsuits even for obviously careless acts. Also, in terms of children hitting children, unless the teacher knew or should have known that one child was going to hit the other the teacher likely as not even negligent in the first place.
If you feel your child has been harmed at school you should consult with an experienced personal injury attorney in your area. Each case is different and only an experienced personal injury attorney can give you an opinion as to whether or not you have a valid claim.