Lamar, CO asked in Personal Injury and Education Law for Colorado

Q: Can I sue my sons school for negligence if he was assaulted at school by another student

Law enforcement nor myself was contacted

3 Lawyer Answers

A: It is highly unlikely that you would prevail in such a lawsuit. Your son would have a much better case suing the other student who assaulted him for whatever medical expense was incurred as a result of your son's injuries.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Parker, CO
  • Licensed in Colorado

A: There is not enough info here to know anything. How was the school involved, was a teacher involved, did this occur on campus, was it a fight or just a battery, and so on? Liability depends on the underlying facts.

If your kid was seriously injured, you need to talk to an attorney that can help you to boil down the facts, research the law, and help you to identify at-fault parties. It is unlikely you will find a comprehensive answer on a site like this.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: This can be too complex and involve too many variables for a brief, off-the-shelf response on a public forum. Consider arranging a free initial consult with a Colorado attorney. It could be better if you act sooner than later - if you're dealing with public school systems, you could be looking at short filing deadlines due to notice of claim requirements, if applicable. I hope your son is okay. Good luck

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