Vineland, NJ asked in Civil Litigation, Civil Rights and Education Law for New Jersey

Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to address bullying could be considered a breach of this duty.

Documentation of all incidents and communications with the school is crucial. Keep detailed records of the bullying instances, any reports made to the school, and the school's response. This documentation can be vital in proving negligence in a legal case.

It is recommended to consult with an attorney experienced in education law or personal injury to explore legal options. They can provide guidance based on the specifics of the case and the applicable laws in your jurisdiction. Taking legal action can be a step towards holding the school accountable and ensuring a safer environment for all students.

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