My daughter came home from school complaining of an injury to her shoulder that she said another girl at school gave her. Can I sue the school?
There are many issues this type of case brings up. Rather than highlight what is unknown, I will attempt to outline the various claims a student could bring.
Federal Claim
There are two sets of laws that could apply to this situation: federal and state law. A student could bring a claim based in federal law under Title IX of the Federal Civil Rights Law. 20 USC 1681 et seq. The three claims this student could bring are for (1) erroneous outcome (2) selective enforcement and (3) deliberate indifference. To establish a claim for erroneous outcome, a plaintiff must show specific facts that cast doubt on the accuracy of a disciplinary proceeding. A selective enforcement claim requires a showing that, regardless of the student’s guilt or innocence, the severity of the penalty and/or the decision to initiate the proceeding was affected by the student’s gender. In order to prevail on a claim of deliberate indifference, a plaintiff must show that a school’s response was clearly unreasonable in light of the known circumstances.
There is a lot more to explain regarding these Federal Claims. But given the lack of facts in the question, it is difficult to explain these concepts in abstract.
State Claim
A state law claim for this case is called “negligent supervision.” The claim against the school is derived from fact the the school is standing in the place of parents. Williams v Weatherstone. The claim is dependent on the circumstances surrounding the incident in which the injury arose. The care of the student following the incident is an important factor.
I would respectfully suggest that it would be best to get the whole story.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.