My Son was stabbed by steak knife at school classroom during class by student who seems may have mental issue. my son spent 5 days at hospital. Do i have case against school ?
A lot more facts would be necessary as the mere fact it was done on school grounds does not automatically make the school liable. In addition, the facts surrounding the stabbing also, such to as go determine viability of “self-defense” arguments from the other side.
See an attorney to review the facts. You have six months to file a claim.
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Sorry for this serious injury your child suffered.
I assume this was a public school. Under California law you must file a claim against the public entity that caused your injury within 6 months from the date of injury. If you miss the 6 month deadline, you can file a claim and an application for a late claim, within a year. In cases of children, a late claim must be granted so the effective time for a child’s claim is one year. All claims are routinely denied. That's because the. purpose of the statute is to put the public entity on notice. Once you receive a notice of denial you have six months to file a lawsuit in the Superior Court. If the entity does not respond to your claim, it is deemed denied by operation of law after 45 days.
If it was not a public school your son has until his 20th birthday to file a lawsuit against the school and the perpetrator's parents who are responsible for the wrongful acts of their child under California law. That right for the most part is not worthwhile since many are without sufficient assets to pay and are otherwise uncollectible.
Your key defendant is the school. In both cases, the school is obligated to provide a safe school by the California constitution. But school administrators are only held accountable when they are on notice of previous violent acts by the perpetrator. Unfortunately, getting the school records and juvenile court records of the stabber is next to impossible since both are highly protected under California law. The fact that we can't get juvenile court records I understand, but not being able to easily obtain school records is bad law and there should be provisions for disclosure in circumstances such as yours,
Your son is entitled to funds for victims of crime and the District Attorney's office in San Francisco can provide this information for payment of medical bills. Any recovery for injuries will require the Victims' Fund to be reimbursed. The same is true for your son's medical bills paid by your own insurance or Medi-Cal.
Before you do anything else mark your calendar with the six month date for making a claim and the one year anniversary for a claim and a late claim application. When it comes to suing public entities, like a school district, if you don't file within the deadlines, your son loses. That's bad law, but it is the law.
Immediately contact everyone on the school's list of parents of students in your son's classes and find out what they know. Take down their full names, complete addresses and all phone numbers if and when you find helpful information that the school was on notice that the stabber was a violently prone child.
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You need to speak with an attorney. Potentially the school could be liable, but you have a very short window to bring the claim. Hopefully the parents of the kid have insurance, this would be your best avenue for recovery.
Sorry about your son.
You could go after the other boy's parents (hope they have insurance) as well as the school for inadequate security. You need to begin the case within six months if it's a public school, though. I have handled similar cases here and there, it's not easy. Was the boy charged with a crime? That may help.
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