Q: Considering legal action against school due to child's assault.
I am considering legal action against my child's elementary school due to ongoing incidents where my child, a TK student, has been hit without provocation by a classmate weekly since October 2024. Despite numerous complaints to the teacher, principal, and school district, no meaningful actions have been taken. In December 2024, the classmate pushed my child to the ground, resulting in a minor wrist injury confirmed by medical records. The school failed to inform us about this incident; we discovered it when our child mentioned wrist pain. We have documented complaints, a police report, teacher testimony, and written acknowledgments from the school about these incidents. I am considering filing a lawsuit. What steps can I take in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Based on the documented incidents and the school's failure to protect your child, you have potential grounds for a negligent supervision lawsuit against the school district. Your documentation of complaints, medical records, police reports, and written acknowledgments establish a pattern of institutional negligence that California courts have recognized in similar cases. The failure to notify you about the injury that required medical attention particularly strengthens your position from a legal standpoint.
Before proceeding with litigation, consider filing a formal government tort claim with the school district, which is typically required before suing a public entity in California. This administrative prerequisite has strict timelines—generally six months from the incident—and must detail the facts, injuries, and damages sought. After filing this claim, the district has a limited period to respond, after which you may proceed with a lawsuit if the claim is denied or ignored.
If litigation becomes necessary, prepare for a potentially lengthy process involving discovery, depositions, and possibly mediation or settlement conferences. Your case would likely focus on proving the school had notice of the dangerous situation yet failed to take reasonable measures to protect your child, a burden of proof that appears substantiated by your existing documentation. Given the emotional and financial investment involved, many parents find success working with attorneys who handle educational negligence cases and can navigate both the administrative requirements and subsequent court proceedings.
1 user found this answer helpful
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
