Lancaster, SC asked in Education Law, Personal Injury and Juvenile Law for South Carolina

Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment

The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to continue his education in an environment where he doesn’t feel safe or protected.

2 Lawyer Answers
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students.

You can request the surveillance footage formally through a written request; if the school refuses, this may be something that can be compelled through legal means. Document all interactions with the school regarding this issue.

It would be prudent to consult with an attorney who handles education law to explore the possibility of a lawsuit for failing to provide a safe environment for your child. They can guide you on how to proceed with obtaining evidence and how to protect your son's rights. Ensure that your son's experiences are also recorded, as his account may be crucial for any legal action.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: I'm sorry for your son's ordeal. If you intend to pursue this, you should reach out to local South Carolina attorneys without delay. These types of cases can involve short filing deadlines (notices of claims) - a local attorney should advise on there. Good luck

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