What are our rights if my son was assaulted on his school bus?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are our rights if my son was assaulted on his school bus?
My son, who is 10, was assaulted by another student on the school bus while enroute home. The other student stabbed my son with a pencil a few times in his face and palm of his hand which resulted in some abrasions in these areas. The school bus driver witnessed this and wrote an incident report and had taken pictures. I also took pictures and my son was seen in the ER. Would the school have responsibility? The other student’s parents? The bus company? Would I have a strong case? Should I speak with a personal injury attorney? In Anne Arundel County, MD.
Asked on November 17, 2010 under Personal Injury, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yes, I would seek legal help in this matter from an attorney in your area. The school is going to say that it is not responsible because their duty was relinquished when he got on the bus and that the bus is not "school property." Well, that depends. It may be property of the Board of Education in your area and what the duty of the school is in this situation may remain to be seen. Was this child a "problem" in the past? Did they know his propensity for violence and let him on the bus unattended with others? Municipal liability is a specialized areof law in the general tort liability field. I am sure that a good attorney can figure it out. And if there are gray issues you should consider finding a theory to hold everyone in to the lawsuit and let the finder of fact (Judge or jury) make the decision to let them out. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.