Redmond, WA asked in Personal Injury for Washington

Q: Hi, My son had an accident at school during recess time and broke his left arm. On further investigation, it was found

that his legs was pulled and then pushed from monkey bars by few students who are constantly harassing him for past few months (we've few evidences to prove this). Can law help to 1. school to give protection to my son from physical/emotional abuse 2. how can school warn the students to stop doing this to my son 3. Can a request from law make school/school insurance (LWSD) or student pay all the medical bills ($ out-of-pocket) treatment costs. Please advise.Thanks!

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2 Lawyer Answers
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Washington

A: You should notify the school in writing that your son has been harassed by other students. If you have previously provided notice, and nothing was done to protect your son, you may have a claim for negligence against the school. The school should notify the parents of the students who caused the injury, and take disciplinary action against the students. The parents of the students who caused the injury could be liable for up to $5,000 for injuries that their child maliciously or willfully caused. This is a situation where the squeaky wheel gets the grease. You should keep complaining in writing to the school until action is taken to your satisfaction so that you son is safe.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered

A: I suggest you contact a member of the Washington State Assn for Justice who handles education cases--they give free consults. You need to have a several pronged approach. Having the cops talk to the kids involved may be one way.

There may be a church out there that deals with bullying issues. Unfortunately, schools can't just expel the thugs.But you can ask them to! This could have resulted in a serious injury. Take your son on trips to see colleges-=let him know there is intelligent life after high school.

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