El Monte, CA asked in Education Law, Personal Injury and Gov & Administrative Law

Q: Would I have a case in a Los Angeles County, California School District for Negligent Supervision? *Run down (Below)*

Hello there I am wondering if would i have a case to take to court if this is the 3rd time one of my siblings has been assaulted at his elementary school. Just keep in mind his a 3rd grader and the other person who assaulted him is a 5th grader. The 1st and 2nd time this happened was during his lunch or break I don't Recall at this moment. he got punched in the ribs which caused him to be sent to the Nurses Office. All the School Site Administration did was "Just call the other student's parents and talked to him". No disciplinary action was taken by the school. The 2nd time he self-defended himself at the school was just 2 weeks back when the same kid was trying to assault him again and he pushed him back and both were sent to the Admin office.

With this new incident that happened today 5/24/23, The same 5th grader assaulted him again alongside his group of 2-3 friends. It's to the point where they have hit him in the nose and made him bleed. *No Dis. act was taken by School admin*

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A California attorney could advise best, but your question remains open for two weeks. I'm sorry for what happened to your brother. You could continue to await a response. However, these types of cases could involve notice of claim requirements and short statutes of limitations in general nationwide - in other words, very short deadlines to take action to preserve legal rights. A California attorney would need to advise on that. At this point, you could consider reaching out to attorneys to try to arrange a free initial consult. If nothing else, you could learn the timetables within which action is necessary to preserve legal rights. Good luck

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