A teacher pulled my son off the fence and tour off his finger what can we do

Asked over 3 years ago - Sacramento, CA

what are our right if a teacher pulls my child off the fence and throw him to the ground and my son looses part of his finger

Attorney answers (6)

  1. Paul Y. Lee

    Contributor Level 18

    Answered . Your son may have a cause of action sounding in negligence for assault and battery. Depending on the details, the teacher's conduct may even have progressed beyond negligence to the area of gross negligence or recklessness. (I do not know all of the facts, and do not know what may have precipitated the action on the part of the teacher.)

    If you are contemplating a lawsuit, be aware that you may have to bring a suit as your son's guardian ad litem. Before going that route, however, you should try to find out more regarding what happened. If appropriate, advise the principal and/or school district of the incident so the teacher, if appropriate, can be disciplined and other children are protected from future misconduct.

    Depending on the facts, you may have a claim against the school or school district for negligent hiring, negligent training or negligent supervision.

    This response is for information purposes only and does not constitute a legal advice. This response does not create an attorney-client relationship.

  2. Mark Jeremiah Peacock

    Pro

    Contributor Level 10

    Answered . Based on your facts - Your son has a claim. I would strongly suggest that you contact an attorney to discuss the matter further. Please note that in pursuing claims against a public school you would need to file a government tort claim within 6 months of the incident. Make sure you contact an attorney as soon as you are able.
    Good luck!

  3. Oleg Cross

    Contributor Level 7

    Answered . Both you and your son have certain legal rights, and possibly legal claims, that you may waive if you do not act in a timely manner. Consult a personal injury attorney with experience litigating against public entities (such as school districts) as soon as possible.

    If you would like, feel free to call my office for a free telephone consultation: 619-781-1360.


    Disclaimer: This answer does not constitute legal advice, should not be relied on, and is not substitute for a consultation wtih an attorney. You should seek in-person legal counsel from an appropriately licensed attorney immediately. This answer also does not create an attorney-client relationship or any other relationship.

  4. R. Michael Bomberger

    Pro

    Contributor Level 14

    Answered . Definitely talk to an experienced personal injury lawyer as soon as possible. Your child may be entitled to compensation for his injuries.

  5. Steven Mark Sweat

    Pro

    Contributor Level 19

    Answered . You need to consult and retain an attorney IMMEDIATELY. If this is a public school, there is a very short, 6 month statute of limitations to file what is called a Government Tort Claim with the proper public entity(ies). (This is sometimes tolled if the plaintiff is a minor but, I wouldn't count on that). The medical records and bills and any reports reflecting your son's future prognosis, costs of future medical care, and other information needs to be included in this claim. It is VERY important that you start this process right away as any delay could affect your son's ability to recover.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Would suggest you consult and retain an experienced personal injury attorney. Let he/she be your advocate. You should have a professional handle this matter. Act quickly as time filing deadlines are short and evidence needs to be preserved. Good luck.

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