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My son was injured twice in the boys restroom.

Crockett, TX |

My son was injured twice in the boys restroom. The first incident a student pushed my son head into the urinal and left his head red and he stated that it hurt. The second incident was cause in the boys restroom where a 4th grade was in the bathroom with my son who is a 3rd grader and he picked up my son and slammed him to the floor causing a swollen lump the size of a quarter on his left side of his head. I took him to the ER to get documentation.

Attorney Answers 5

Posted

You really need to inform the school of these incidents if you have not done so already. Most government services are immune from suit so you may need to go after the other student's parents, given they are aware of their child's dangerous propensities. In addition to requesting administrative disciple of the students consult with a local attorney to determine your next step in filing suit and identifying the possible defendants. Good luck, I'm sorry your son experienced this.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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Asker

Posted

Thanks Mr. Juarez for your comment. Once I received the phone call from the school nurse concerning what happen to so. I immediately has a conference with the Asst. Principle and explain to her that this have happen to my child twice in the same location. She stated that the other student parents was notified and he did received disciplinary actions, but I was not satisfied with that, because this was a 4th grader in the restroom with a 3rd grader and obvious there were numerous students inside and there should be a limit of students in this area at one time. I also talked with the superintendent about the issue and he basically told me to go back and talk to the head principle who had brushed me off about the first incident and she was not even on the school campus during the second incident. I feel like they are giving me the runaround with this. There was negligence cause of action on the hall monitor, who was at this time a female aid or teacher. I am just sadden that this happen to my son and he is afraid to defend himself. Thanks once again for your comment. It shine some light on the situation!

Michael Ryan Juarez

Michael Ryan Juarez

Posted

Glad I could help. Unfortunately some bureaucracies are unresponsive until lawyers and law suits are involved.

Asker

Posted

I agree. Looks like that is what I will be pushing for.

Gerard A. Falco

Gerard A. Falco

Posted

A few bits of additional information may be important as well. If you are contemplating litigation, your State may require you to file a notice of claim against the appropriate governmental agency advising it of the potential personal injury claim. This time period is usually very short and your claim will be barred unless the filing is made in a timely way. So make certain you check. In addition, in order to have a viable lawsuit, it may be necessary that you prove the school was aware of your son's prior incident and/or some other similar incident so that the school could be said to have had a reasonable opportunity to prevent t the unfortunate type of incident your son experienced.

Asker

Posted

I have two health referral to nurse/office reports from the school nurse with description of what my son state that happen.

Gerard A. Falco

Gerard A. Falco

Posted

That's fine. The office report from the first incident, may be sufficient for litigation purposes. But, please see my prior comment regarding the importance of the notice of claim requirements.

Brian Heath Crockett

Brian Heath Crockett

Posted

I came across your post a bit late. I believe you have a much simpler case against the other child who ultimately injured your son. If your interested in pushing a potential case we handle them on a contingency basis. I would be happy to discuss this with you. Please send me a copy of the reports you have along with any photographs. Thank you.

Posted

Sorry to read this. Bullying should not be countanenced. Hope your son is well.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Asker

Posted

Thank you Mr. Adams for you comment. He is doing ok, but he is afraid to defend himself if he needs to.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

May I suggest that you consider a meeting with school officials. There should be zero tolerance. Contact a local attorney first for some additional opinions. If you are contemplating a lawsuit, be mindful of filing requirements, and the like, and do not contact school officials. Good luck.

Asker

Posted

I have already contact the Asst. Principle and had a meeting with the superintendent on 12/12/2012. He just basically gave me the run around. He admitted that it was wrong for a 4th grader to be in the same restroom at the same time my 3rd grader was inside and he stated that it was against the policy to have that many students in the restroom, but he redirected me back to the head principle who also sent me to the Asst. Principle when the first incident happen.

Posted

This is criminal in nature and you should be contacting the police, notifying the Principal, the School District Superintendent, and your School Board! This bullying and behavior should not be tolerated or accepted. You may also want to contact a school law expert, Like Martin Cirkiel in Round Rock, Texas for more assistance.

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

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Asker

Posted

I talked with the Asst. Principle, the superintendent who brushed me off and redirected me back to the head principle who was no on the campus when the second incident happen. I am thinking about getting on the agenda to meet with the school board to let them know what is going on. I will look up Martin Cirkiel and see if he can help in this matter. I am not letting this one go, because this is the second incident that happen in the same location, but just with a difference student.

Kevin Rindler Madison

Kevin Rindler Madison

Posted

Call Martin first before you go public. Cruel behavior of bullies and ridiculous behavior of school officials not doing anything about it. Contact police- if these offenders are over age 10 they can be prosecuted in juvenile court.

Asker

Posted

Mrs. Kevin I contacted Mr. Martin office and spoke with an Education Advocate. He help me with several steps to take on this issue. Once again thank you so much for all of your help in this matter. I pray that I can get somethings taking care of.

Posted

I agree with the other commentators. It is always a good idea to document incidents, facts, witnesses and even the state of mind of your son in writing in real time. You might encourage your son to keep a daily journal of entries related to the incident or any of the physical or emotional difficulties he experiences as a result of the experience. It may be considered evidence of present recollection recorded if done in real time. There may be numerous potential defendants that can be named depending upon what a more thorough investigation of the incident finds. Start internally with the principal and the school board but move quickly

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Thank you Mr. Fred. I have been researching all morning about this matter. I will move very quickly. Just needed some help with the step to take after I have already contacted the Asst. Principle and the Superintendent about the matter and he redirected me back to the principal.

Posted

tricky claim on liability against the school. however, i would contact an
attorney in Texas who handles such claims.

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Asker

Posted

Thank you Mr. Timothy for your help.

Timothy Leo Bowden

Timothy Leo Bowden

Posted

Good luck to you and happy holidays. Tim

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