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

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??

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Attorney answers 10

Posted

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.

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Posted

Yes, but you will need to proceed under Florida's Sovereign immunity statute as the the school board.
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Posted

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

Posted

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.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.

Posted

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 information purposes only. No attorney-client relationship is hereby intended.

Posted

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.

Posted

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.

Posted

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 relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

Posted

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

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

Posted

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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