When a child is abused in school, the perpetrator of that abuse is only one of the responsible parties. Abuse at school is not a random event – it springs from irresponsible hiring, insufficient training, and negligent supervision. For students who suffer abuse at school, the consequences can be devastating, with physical and psychological damage stretching years beyond the event itself. In many cases, negligent school districts can allow the abuse to persist for months or years, rendering already severe harm far worse and creating opportunities for more students to be abused. Providing a safe environment for students is perhaps the most essential responsibility of a school. When a school fails in this responsibility to such an extreme that abuse occurs within its walls, it bears the weight of legal responsibility for all the harm that occurred.
Discovering the abuse of a child in school can be a traumatizing experience for a parent, causing extreme emotional distress and feelings of helplessness. Healing from this trauma can be a lengthy and complex process for both parent and child – our team of school abuse attorneys is determined to see that those who have suffered harm get justice and the life-changing compensation they deserve. School abuse is rarely the fault of just one person. Pursuing justice entails ensuring that each responsible party is held accountable. If your child has suffered the horrors of abuse in school, contact our team of school abuse attorneys today to learn more about how to hold negligent teachers, schools, and school districts responsible.
What is Respondent Superior?
Respondent Superior is a legal theory that dictates that the wrongful acts of an employee can be attributed to their employer when the wrongful act occurred in the scope and course of their employment. In simpler terms, bosses are sometimes responsible for an employee’s actions. Respondent Superior is often applied to instances of school abuse, as it is nearly always perpetrated by a teacher who was under the control of their employer – the school district – when they carried out the abuse.
Determining the liability – legal responsibility – for abuse can be a complex process, but due to respondent superior, our school abuse attorneys have successfully held several school districts responsible for abuse perpetrated by their employees. Our team of school abuse attorneys operates in civil court, meaning that our means of delivering justice is securing financial compensation for our deserving clients. The verdicts and settlements we secure often reach several millions of dollars, a sum that few school teachers can fulfill. Under respondent superior, however, school districts are liable for these verdicts and settlements. These districts are capable of fulfilling this financial obligation, which means that the minors who have suffered the horrific injustice of school abuse are able to receive the compensation they deserve.
Our team of school abuse attorneys brings over 300 years of combined experience to cases like yours. Don’t take on the powerful school districts alone – contact us today.
How can negligence lead to school abuse?
In the vast majority of school abuse cases, school administrators had ample opportunities to prevent the abuse. While it may seem like school abuse is the lone fault of the teacher, various actions on the part of the school can give rise to the abuse, including:
- Negligent Hiring. Schools can be liable for hiring individuals who commit abuse, often due to a failure to properly complete a background check or exercise reasonable care during the hiring process.
- Negligent Training. Schools are responsible for training their employees and bad training can often lead to uncertainty regarding what constitutes abuse. Often, under-trained teachers do not understand that corporal punishment constitutes abuse.
- Negligent Supervision. All schools must provide adequate supervision to prevent and deter any sort of abuse. Our school abuse attorneys have litigated numerous cases in which an abusive teacher had long held a reputation for their violence, but school administrators looked the other way.
- Negligent Responses to Reports. In certain cases, school districts refuse to act even when a parent or guardian reports clear signs of abuse. This occurs most commonly with abuse of students with disabilities.
It is common for all 4 of these forms of negligence to be present when abuse occurs. Minors who are suffering abuse commonly display signs like injuries or emotional distress. Negligence of this variety provides the legal rationale to hold schools and school districts accountable for abusive teachers – contact us today to learn more about how negligence may have played a role in your case.
Who is responsible when a student with disabilities is abused?
The abuse of disabled students in school is an especially egregious injustice. Many disabled students have a broad set of complex needs and physical or emotional abuse can severely impact their quality of life for decades.
Federal law places requirements on schools with regard to meeting the needs of students with disabilities. Students with disabilities have a clearly defined right to a quality education under the Americans with Disabilities Act (ADA). While the primary function of this act in schools is to ensure that students with disabilities are provided with an Individualized Education Plan, it also provides an additional layer of protection from abuse, as abuse in school constitutes denying a student’s right to a federally protected education. ADA can play a major role in our school abuse attorneys’ pursuit of justice on behalf of minors with disabilities who have been abused. Contact us today to pursue justice for your child with disabilities who has suffered abuse.
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When should I pursue legal action after my child is abused in school?
Our team of school abuse lawyers understands that when you discover your child is being abused, taking legal action may not be the first thing on your mind. Healing and finding the best path forward for your child is hard and requires time and attention. Unfortunately, in California, government entities like public school districts are protected by the filing requirement which states that you must file an administrative claim with the public entity in question within 6 months of finding out about the incident. Our team of school abuse lawyers is available to help with filing this claim – we encourage you to contact us promptly to file the claim form and keep your options open.
Pursuing legal action following your child’s abuse can be daunting, as all litigation can be an emotionally challenging experience. Our team of school abuse lawyers is proud to have brought life-changing compensation to survivors of school abuse and has seen the enormous benefit that it can provide. Verdicts and settlements include compensation for extended mental health treatment, emotional distress, medical bills, potential relocation costs, and more. Take the first step toward fighting for justice and the compensation you and your child deserve – contact us today.
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