Schools are always the targets of blames and accusations when students get injured in fights. This is normal because the school is tasked with keeping its students safe. However, your child's school isn't the only party responsible for keeping him or her safe. Other parties also have a part to play, and they may be liable for injuries your child sustains at the hand of a bully. Here are two examples other people who may be liable for your kid's injuries:
Parents have a duty to ensure their children do not bully, fight with, or injure others. Some states expect parents to exercise reasonable care, control, and supervision of their children. In such states, the parents can be held responsible for damages or injuries their children cause, including those that occur due to bullying.
Although some people argue against this approach, proponents stress that sometimes parents are aware of their children's actions, which can go on for a long time, without taking appropriate measures to stop them. Certainly, you have a stronger claim against the parents if you can prove that they knew, or should have known, about the bullying but did nothing.
Individual School Official
You can also sue an individual school official if you think they should be held responsible for your kid's injuries. This may include teachers, principals, substitute teachers, and any other school official. However, don't be surprised if the school then becomes liable for the individual's actions; this is possible under the legal principal of vicarious liability.
Under vicarious liability, a person in authority (such as an employer) is responsible for the negligent actions of another person under their authority (such as an employee) if the junior party was within the scope of their normal duties. Therefore, you will only hold a school official individually responsible for their actions if you can prove that they were not discharging their normal duties. For example, a negligent teacher will be responsible for their own liabilities if they had a private quarrel with your child and ended up injuring the kid.
Therefore, don't just assume that the school district is the only party you can sue if your child gets injured in school. Cast your nets wide so that you can maximize your chances of recovery. Don't forget that, depending on the nature of your child's injuries, the school district may be immune to your lawsuit; this is one more reason to identify other liable parties. Talk to an experienced injury attorney from a firm like Kiernan Personal Injury Attorneys PA to help you identify these liable parties.