Child Assault at School Goes Viral: Who is Liable?

This viral video tells the story of a man seeking answers after his five-year-old son was assaulted by a special needs fourth grader during an after-school program. The question is, who is liable for a child assault at school?

Is the School Responsible for a Child Assault at School?

The school may be responsible for a child assault at school if they are aware a student is potentially violent and fail to prevent them from acting out.

Schools are responsible for maintaining a safe environment for their students. They have a ‘duty of care’ to protect students under their supervision. They must exercise judgment and may use reasonable force to break up incidents of student violence.

The school is also subject to the ‘in loco parentis’ legal doctrine. This means the school staff acts as a child’s parents when they are in their care. The doctrine kicks in the moment a child steps on the school bus and covers every moment they are in the school, including the time they partake in extracurricular activities.

Are the Parents Responsible for a Child Assault at School?

The parents of the child who acted out may also be responsible for the child’s assault at school. The parents of the injured child can seek damages from both the school and the aggressive child’s parents through a civil lawsuit. The school and the defendant’s family may owe the injured child compensation depending on the case outcome.

However, the victim must prove that the assault was unprovoked and not a case of self-defense. The defendant may be within their rights to assault another child if they felt threatened with imminent bodily injury or if they were protecting someone nearby who was physically threatened.

However, verbal assault is not grounds for self-defense. A child cannot hit another child because that child called them names.

What Kind of Damages Can the Victim Claim?

A victim of a child assault at school may claim the following damages:

• Medical, dental, and therapy bills
• Out-of-pocket expenses for medications and medical equipment
• Lost wages for working teenagers or parents who had to take off work to care for their child
• Emotional pain and suffering
• Vehicle mileage
• Loss of consortium- depending on the extent of the injuries, the victim’s family may pursue a loss of consortium claim for the lack of the child’s comfort and care

What the School Should do to Prevent Child Assault at School

A school should try to prevent child assault at school by intervening when violent behavior is recognized. They should:

• Reprimand students for aggressive behavior
• Notify parents of their child’s aggressive behavior
• Take corrective action against the student
• Separate the student from other children to protect them from violent activity

Can Schools Break Up Fights?

If a fight erupts in schools, teachers must break it up. They may use reasonable force to end the fight and prevent further injuries. Schools typically insure teachers for injuries caused to students when breaking up fights.

If a teacher injures a student while breaking up a fight, the school will defend them. They would cover all legal costs for lawsuits and damages if the teacher acted appropriately when stopping the altercation.

If the teacher cannot break up a fight, they should seek help from another staff member. It is never okay for a teacher to watch a fight without attempting to end it.

Specific laws and regulations that apply to each state guide the policies school staff must follow when dealing with student behavior and other matters. Staff members should review their State Education Codes to ensure they handle all incidents responsibly.