When your child is injured at school, as a parent your first reaction is to protect them. Sometimes, families and victims of school yard fights are not happy with the education districts disciplinary or preventative measures. In such a case, you may wonder if you can take more action against the school, district, or the students who started the fight. Sometimes, you can sue the school, district, or students if someone gets hurt.
In any lawsuit against a school for injuries or damages, the person suing must show that the school did not fulfill its “duty of care.” This means the school and its staff must keep students and staff safe, like a careful parent would.
To determine whether a school fulfilled its duties before, during, or after a fight, the following questions may be considered:
- Was there a history of violence between these students?
- If there was, did the school take steps to prevent future violence between them?
- Were the students properly supervised?
- Are there features of the school that prevent proper supervision?
- Were the school, district, or provincial guidelines and policies followed?
If the school didn’t do enough to stop future violence, especially if the student(s) had a history of fighting, or if students weren’t properly supervised, or if policies were not followed, then you may have a case against the school district.
In some cases, like Nyrose v. Barts, the injured child may file a lawsuit against the person who started or escalated the fight. In such cases, the school will only be held responsible if they failed their duty of care. In Nyrose v. Barts the student that started the fight, Barts, was found liable for the injuries sustained by Nyrose, but the school was not.
In such a case, the defendant might defend themselves by appealing to:
- Consent – if both parties agreed to fight, they share the blame.
- Provocation – if both parties provoked each other, they share the blame.
- Self-defense – if the defendant acted to protect themselves from violence, liability may be mitigated.
To have the best chance at winning a case, be sure to report all violent incidents to the school in writing, and keep copies of these correspondences. If you or someone else is hurt in an altercation on school property, see a doctor and keep records of your visits and treatment.
This blog entry contains information of a general nature only and should not be relied on for legal advice. The information is currently only to the date of publication and may be subject to changes.
If your child has been injured in a school yard fight, you don’t have to navigate these challenges alone. Our experienced personal injury team at Moss Hachey Law is here to help you understand your options and pursue justice for your family. Contact us today to discuss your case and learn how we can assist you in seeking compensation for injuries caused by school violence.
