If the school bus driver grabbed my son so hard he bruised him can we file a personal injury suit?

Asked almost 2 years ago - West Palm Beach, FL

My son whom is 11 years old was not only grabbed and bruised on his arm ( have photos ) by this man, but he and other children were also verbally abused by this man. The day this incident was reported six other children ranging in age came into the office complaining about this mans behavior and that they were scared of him because he physically grabbed my son and pushed a little girl into her seat. All six kids were asked to write what happend and they all cooberated with each other. A social worker was called into the school and believed the children. We were unable to get the video from the bus as it had already recorded over itself. Is there a personal injury claim here??

Attorney answers (11)

  1. David Hughes Harris

    Pro

    Contributor Level 15

    17

    Lawyers agree

    Answered . Consult a local injury lawyer and have a meting to get his/her thoughts. Take photos of the bruising. Your child should see the doctor if this hasn't been done already.

    Depending on the severity of the injury, there may be a claim. A lawsuit is actually filing a complaint in court and starting the litigation process, and that whether that would be warranted would probably be determined by the extent of the injuries.

    Keep in mind that if this is a public school, then an administrative disciplinary process has probably already begun and will proceed whether or not a claim is filed.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee... more
  2. Thomas Michael Bates

    Contributor Level 13

    15

    Lawyers agree

    Answered . This is a matter that is definitely worth pursuing against the Palm Beach County School Board. Contact a lawyer in Palm Beach County, preferably one who is board-certified, to discuss this matter.

    I am not seeking to represent you based on the response to this question. The answer given is for general... more
  3. Chris Matthew Limberopoulos

    Contributor Level 16

    13

    Lawyers agree

    Answered . Yes, but you will need to proceed under Florida's Sovereign immunity statute as the the school board.
    Find a local lawyer using the AVVO find a lawyer tab.

  4. Charles B. Upton II

    Contributor Level 15

    11

    Lawyers agree

    Answered . Yes, you may have a personal injury suit. Retain a lawyer in your area. Best of luck.

    My answer to your question does not create an attorney-client relationship.
  5. Scott Douglas Camassar

    Contributor Level 16

    12

    Lawyers agree

    Answered . There may be a municipal notice period that needs to be met so talk to a lawyer soon.

  6. Darryl Wayne Genis

    Contributor Level 7

    11

    Lawyers agree

    Answered . Your son has a claim for Assault and Battery. You will need to hire an attorney and make an application to be appointed gaurdian ad litem, and then you can prosecute your son's personal injury claim. Consult with a local Personal injury lawyer in your area who has experience representing minors.

  7. Michael Ryan Juarez

    Contributor Level 16

    10

    Lawyers agree

    Answered . Sorry your son had to experience such abuse. I second the excellent advice already provided. Consult with an attorney as soon as possible.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  8. Timothy Leo Bowden

    Contributor Level 14

    10

    Lawyers agree

    Answered . it will depend on the actual injuries. although he had bruising, if there is no medical treatment, it may be tricky. i would get the advice of a local injury attorney.

  9. Clifford M. Miller

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . The school bus driver is responsible for the tort of battery on your child. However, the school bus driver might not have any assets or insurance so it might not pay to sue the school bus driver directly.

    The school board is not responsible for the battery, it has sovereign immunity. However the school board might be responsible for negligently hiring the bus driver. The appropriate statutory notice dates to be given to pursue this claim.

    You do not have to have a guardian ad litem appointed to pursue the claim. It can be brought by either of the child's parents for the child, as the child's "next friend."

    Whether to actually pursue the case really depends on the extent of your child's injuries.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  10. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Perhaps a local personal injury lawyer can recover despite the immunity statute.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  11. Robert Bruce Kopelson

    Contributor Level 20

    6

    Lawyers agree

    Answered . Many schools contract out for bus transport, and the drivers are employed by private companies. They can be sued too, or in lieu of the school district.

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