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.
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.
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.
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.
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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
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