If a school teacher causes bodily harm to a student and it was intentional I would suggest reporting the incident to the police department. They will launch an investigation.
Most states offer some immunity to schools under a Tort Claims Act. Therefore, you will probably have to file a claim for damages with the school district and wait for them to either accept or deny your application for damages before pursuing them in court. There are caveats depending upon whether the tort was caused by negligence or was intentional.
I am going to edit your question to include personal injury/tort law.
While I am an attorney and I practice in the area of special education the answers that I provide in this forum should not (should never) be construed as "legal advice." If you wish to receive "legal advice" I suggest that you contact me at The Law Office of Janina Botchis. Contact information is provided in my profile.
Generally speaking, schools and other government entities enjoy immunity from most tort claims. Thus, successful claims against these entities are the exception and not the rule. You do raise an interesting fact, which is that the teacher violated a school policy in bringing the item into the school. If this violation of school policy led to your child's injury, you may be able to overcome the immunity defense. I suggest you speak with an experienced personal injury attorney in your area quickly as there are also strict notice requirements in Georgia with regard to claims against government entities, some as short as 6 months. Depending on the significance of the injury, you may have a case worth looking into.
Wow! THAT CERTAINLY CHANGES EVERYTHING! Being in Augusta, I am familiar with both school systems in Richmond as well as Columbia County. Time is very important and you are invited to have your case evaluated without charge. Call 706-284-8554 to speak to me personally.
I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta, Statesboro and Savannah, Georgia. You may review more information about my practice by going to: http://www.avvo.com/attorneys/30809-ga-elmer-young-540135/reviews.html. The information I am providing you should only be considered for your general knowledge and educational purposes. Consider it as a good first step in your knowledge acquisition, but not as legal advice. Indeed, any information I provide is based on the extremely limited facts you have provided and new facts could substantially alter any answer or reply. My opinion should be understood to apply only to the laws of the State of Georgia. You should always consult with a local attorney about your situation if you live outside of the State of Georgia.
under most states, teachers are immune. however, there may be exceptions. i
would contact a local personal injury attorney for advise to determine if any
exceptions apply in this case.
Your question does not offer enough detail for a definitive answer. However, I can offer some sense of how immunity works for school teachers in Georgia. Under Georgia law, public officials (including teachers) are generally entitled to "official immunity" for negligent acts committed during the course and scope of their employment, unless the act (or omission) was ministerial in nature.
For example, in a recent Georgia Supreme Court case, a school employee at the front desk allowed a man to pick up his child without first checking to be sure the man (the child's father) was on the list of authorized persons to pick up the child. The father kidnapped the child. the Court held that the act of checking the list was ministerial, that is, the employee did not have a choice not to look at the list first. In another recent decision, the Supreme Court held that a teacher's failure to require students to wear safety glasses during a science experiment was discretionary, even though school policy required wearing the safety glasses. Because the teacher had discretion, the teacher was entitled to official immunity.
With that information in mind, the answer to your question depends on (a) what the item was; (b) exactly what the policy says; and (c) the nature of the injury to the student. To use a extreme example, every school (actually state and federal law) prohibit anyone from bringing a weapon onto school property. If a teacher did so, left the weapon unattended, and a student hurt themselves, that could give rise to liability.
I would encourage you to discuss your case with an attorney who specializes in civil rights, education or serious personal injury law. This is a specialized area of law. You should not retain or consider the advice of attorneys who do not practice in this specialized area. My law firm does specialize in this field. If you have additional questions, please do not hesitate to contact me.
This response is provided for informational purposes only. It is not a consultation and is not legal advice. You should not act or fail to act in reliance upon the information provided in this response. This communication does not establish an attorney-client relationship between you and our Firm. You should always consult with an attorney prior to taking any action with regard to a potential legal problem.
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