Batavia, NY asked in Personal Injury for New York

Q: My son was on a 8th grade field trip out of state to Washington D.C. in the hotel room were 4 boys and 1 adult.

The second day they were there the adult chaperone left the room to attent an adult social time away from the kids. The adult was gone aprox. 30 mins to 45 mins. In the time he was gone my son was assulted in a sexual manner.1 boy held him down climbed on top of him and simulated a sexual act repeatedly for 10 to 15 mins. With some valger language. ( im going to molest you im going to f*** you).There was a video of this which the teacher watched it then deleted it. No mandated reporter reported this to local police.My son spent 1 year in theropy and has been diagnosed with ptsd. Is the school district negligent ? They have a protocal when the chaperones leave the rooms all the students hotel room doors are to remain open and teachers are to monitor the hallways and check in on the kids . This did not happen. When the chaperone left all the doors closed and no one checked on any of the students.

Related Topics:
1 Lawyer Answer
John M DeProspo
John M DeProspo
  • Brooklyn, NY
  • Licensed in New York

A: Your son spent one year in therapy? When did this happen? Generally, the time period within which to bring a lawsuit against a school (I'm assuming this was public) is very short. In any event, you should get a free consultation from a personal injury lawyer in your area.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.