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  1. #1
    Join Date
    Jan 2018
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    2

    Default High School Failed to Prevent an Attack on a Student

    My question involves an injury that occurred in the state of: California

    My daughter was attacked at high school and they were warned, but dropped the ball.

    My 15 year old was first confronted by some 7 to 8 girls on Thursday, I called the school right away to let them know,I called over 8 times to no answer, I then called the head of the violent crimes for our school district ( he is also the one who put a very violent girl into our school which had jumped my daughter at middle school) so I spoke to his secretary who said she will call security,to make this as short as possible I found out that they had called the girls in spoke to them end of subject for them,well over the weekend a girl who started all this problem was threatening my daughter on line saying that she was going to fight her on Monday.

    I went to school on Monday morning and spoke to the security telling them this was going to happen today, they said they have it under control, my daughter texts me that person is going to do it inbetween classes which her next class was with the girl,I went back to school and told them of this,handled they say, well they didn’t let the teacher know what was up, didn’t have the girl escorted to the office so she took off and then showed back up at the class with students in toe with videos on and grabbed a text book as she walked in then started beating my child’s head with it and jumped on her hitting her with fists, what kind of lawyer do I get I touch with?

    I pressed charges on the kid but the school just kept telling how nice I was for understanding that they messed up well I’m not understanding and very upset that all my warnings still left my daughter in harms way and they dropped the ball badly, I don’t want mine or another child put in harms way again, do I take the school to court? What kind of lawyer do I see?

    Thank you for your time

  2. #2
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    Default Re: High School Failed to Prevent an Attack on a Student

    You consult a personal injury lawyer. Whether or not the lawyer would be interested in pursuing a case will include such factors as the severity of injury that resulted, whether this was a public or private school and, if the former, whether a claim against the school would be barred by governmental immunity. Whatever the issue with the school, if the injuries merit, it is possible to bring an action against the students who committed the attack, as well as against their parents (under the state's parental liability laws for injury resulting from a minor's willful misconduct, or possibly on a negligence theory).

  3. #3
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    Sep 2005
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    California
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    Default Re: High School Failed to Prevent an Attack on a Student

    You say you "pressed charges." Understand that you cannot "press charges," you can only make the report and ask that the police pursue criminal charges against the suspect(s). They will then forward any report to Juvenile Probation who may then forward it to the D.A. for review. Did you call the police? Did they come out and take a report for battery? If so, what happened?

    If the report to the police was made significantly after the fact (like when your daughter came home, or school was out), it is highly unlikely that any arrest of the suspect(s) occurred. You might also consider seeking a restraining order (a civil harassment order) against the child(ren) involved.

    How serious were the injuries? Was medical treatment required? If there was no medical treatment required, chances are this was a misdemeanor battery. If you consult any attorneys, understand that there may not be much of a potential jury award in this sort of thing, so keep in mind that if you do sue, you may have to come up with about $20,000 to place on retainer. If the potential for an award os good, the attorney might take the matter on contingency. I have seen cases like this begin, but rarely fail to result in any award. But, the devil will be in the specific details you provide to the attorney.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Default Re: High School Failed to Prevent an Attack on a Student

    Bear in mind that a school can only do so much to prevent an attack. Children have a right to an education and we have an obligation to provide it. For better or worse that means children that you may view as less than desirable will mix with your kid and the only route you have to prevent it is to send your child to a private school. Also, assaults happen quickly. If they can happen in the highly controlled environment of a prison then they can certainly happen in a school.

    As to any form of lawsuit; you'll only be able to sue for actual damages. Actual bills. Actual money spent or that may have to be spent on PT etc. If the injuries were minor then there may not really be anywhere to go with it given what a lawsuit may cost.
    "Where do those stairs go?"
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  5. #5
    Join Date
    Jan 2018
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    2

    Default Re: High School Failed to Prevent an Attack on a Student

    Thank you all for you’re input on this situation , the police were called right away and the student was arrested but was released to her parents.The school expelled the the student involved and because there were 2 or 3 girls that new it was going to happen took videos of the assault and put it on social media,I believe one was suspended maybe 2 they would give no information. My problem still with the whole situation is the Vice Principal told me he was good with how his staff handled the situation.

    Really? I would like him to put in writing for me how he thinks his staff did so well. I would like him to say from the beginning to the end how they did so well.
    Is that something I can do?
    Thank you for all your help,

    Also my daughter went to hospital, we were going to do a cat scan but the er doctor said it wouldn’t show a concussion. My daughter had any large bruises all over her and huge knots on her head and her face was swollen and bruised.
    The female police officer said it would take a week to call juvenile department to find out anything about the case. I want to persue this as far as I can, any ideas for this?

  6. #6
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    Default Re: High School Failed to Prevent an Attack on a Student

    Quote Quoting pmh
    View Post
    Thank you all for you’re input on this situation , the police were called right away and the student was arrested but was released to her parents.The school expelled the the student involved and because there were 2 or 3 girls that new it was going to happen took videos of the assault and put it on social media,I believe one was suspended maybe 2 they would give no information.
    These are typical responses for juvenile matters. However, keep in mind that the expulsion is likely a suspension PENDING expulsion. The matter will have to go before the school board for review and they will make the decision for expulsion. Just FYI.

    Really? I would like him to put in writing for me how he thinks his staff did so well. I would like him to say from the beginning to the end how they did so well.
    Is that something I can do?
    Thank you for all your help,
    You can ASK, but don't expect it to happen.

    Schools are often inconsistent how they handle such matters. Part of it is training (or the insufficiency thereof), part of it is that they focused on education and are not always too good at safety and security matters. If you have an issue with how they handed the matter, perhaps you should make time with the Superintendent.

    Also my daughter went to hospital, we were going to do a cat scan but the er doctor said it wouldn’t show a concussion. My daughter had any large bruises all over her and huge knots on her head and her face was swollen and bruised.
    If no medical treatment was required, it is possible that the offense(s) were only misdemeanors. Ultimately, you may not come to know all of what happens with the suspects with regard to the justice system. As juveniles, much of what happens will be confidential.

    The female police officer said it would take a week to call juvenile department to find out anything about the case. I want to persue this as far as I can, any ideas for this?
    Keep in touch with the investigating officer or detective. Eventually, someone from Juvenile Probation may be in touch with you for further information including medical costs, damage and injury, etc. You do not have any direct say in how the matter is prosecuted, or even if it will be prosecuted at all (there might be a plea or an informal resolution), but you should be able to receive SOME general information. Different counties and agencies have different levels of cooperation and frustration in this regard.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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