When a child is injured at school due to bullying, the emotional and physical toll can be overwhelming for both the child and their family. Parents often ask, “Can the school be held accountable for my child's injuries?” The answer depends on whether the school fulfilled its legal responsibilities to protect students. This guide provides an in-depth look at school liability, how bullying-related injuries are addressed under the law, and what steps parents should take to seek justice for their child.

Understanding School Liability for Bullying Injuries

Schools are entrusted with the safety and well-being of their students. This duty is not optional; it is a legal obligation. When a school fails to take reasonable steps to prevent harm, it can be held liable for injuries caused by negligence or a breach of its duty of care.

Key Legal Principles in School Liability Cases

1. Duty of Care:
   Schools are required to provide a reasonably safe environment for students, which includes taking action to prevent and address bullying. This responsibility applies to all students, including those with special needs or vulnerabilities.

2. Negligence:
   Negligence occurs when a school fails to take reasonable actions to prevent foreseeable harm. For instance, ignoring repeated reports of bullying, failing to supervise students, or not addressing unsafe areas on campus may constitute negligence.

3. Foreseeability of Harm:
   A critical element in liability cases is whether the school knew or should have known about the bullying. If the school had prior knowledge of the behavior or had reason to anticipate harm and did nothing to prevent it, it may be held accountable.

Examples of Cases We've Successfully Handled

At Greenberg and Ruby Injury Attorneys, we have a deep understanding of the legal challenges parents face in holding schools accountable for bullying. Below are real cases we've handled that highlight how we advocate for families:

1. Advocating for a Special Needs Student Bullied at an LAUSD School:
   We represented a special needs student who endured relentless bullying. The school's failure to protect this vulnerable child highlighted its negligence in providing adequate supervision and interventions.

2. Prolonged Bullying Leading to Severe Injuries:
   In this case, ongoing bullying escalated into a violent physical assault, leaving the student with serious facial and head injuries. We demonstrated how the school ignored red flags and failed to intervene before the bullying turned violent.

3. Mistaken Identity Assault at a Northern California School:
   A student was wrongly identified and assaulted due to inadequate security measures. We successfully held the school accountable for failing to implement safety protocols that could have prevented the incident.

4. Ceiba School Bullying Culminating in Physical Assault:
   After months of bullying, a student at Ceiba school was physically attacked on campus. We fought to hold the school accountable for neglecting to address the persistent harassment that led to the assault.

Can You Sue a Public School for Bullying?

Public schools, as government entities, are generally protected by sovereign immunity. However, California law provides exceptions when negligence is involved. Schools can be held liable if they fail to act within the standards set by the California Education Code, such as maintaining safe environments and intervening in bullying situations.

What About Private Schools?

Private schools do not have sovereign immunity and are treated like any other business. Parents can sue private schools directly for negligence or failure to protect students.

Who Else Can Be Held Accountable?

• Bully's Parents: Parents of a bully may be liable if their child's actions caused harm and they failed to prevent those actions. However, if an insurance company is not involved, it likely is not worth it to pursue a claim.
• School Employees: Teachers, administrators, or other staff members may be individually liable if they failed to intervene or acted negligently. 
• However, if an insurance company is not involved, it likely is not worth it to pursue a claim.
• Third Parties: In some cases, liability may extend to contractors, such as bus companies or security services, if their actions contributed to the harm.

What Steps Should Parents Take After a Bullying-Related Injury?

1. Seek Immediate Medical Attention:
   Ensuring your child's health and safety is the first priority. Medical documentation of the injuries is also crucial for any legal claim.

2. Report the Incident:
   File a detailed report with the school, documenting the bullying incidents and the injury. Request a copy of the report for your records.

3. Gather Evidence:
   Collect photos of injuries, witness statements, medical bills, school communication records, and any relevant documentation of the bullying.

4. Consult a Qualified Attorney:
   An experienced attorney can help navigate the challenges of school liability cases and help you understand your legal options.

Common Injuries Related to Bullying and School Liability

Bullying injuries can take many forms, from physical harm to emotional trauma. Below are examples of common injuries and the liability scenarios schools may face:

Frequently Asked Questions

Can I File a Lawsuit If My Child Didn't Report the Bullying?

Yes. Schools are responsible for monitoring student behavior and taking action even if a child doesn't report bullying. Evidence of the school's negligence can include lack of supervision or failure to address warning signs.

Does the School's Anti-Bullying Policy Affect Liability?

Yes. If a school has an anti-bullying policy but fails to enforce it, this can strengthen your case by showing a breach of duty.

What Compensation Is Available?

Compensation may cover medical bills, therapy costs, emotional distress, pain and suffering, and parental lost wages. An attorney can help identify all potential damages.

Why Choose Greenberg and Ruby Injury Attorneys?

At Greenberg and Ruby Injury Attorneys, we understand the devastating impact of bullying injuries. With an impressive 97.4% success rate and over $700 million recovered for clients, we have the expertise and resources to fight for justice. Our firm's owner, Emily Ruby, is a recognized leader in personal injury law, earning accolades such as:

• 2024 “Best in Law” Award Winner
• 2022 "Women in Law" Award Winner
• Recognized by Forbes as one of the Best Wrongful Death Lawyers
• A graduate of the prestigious CAALA Trial Academy

Emily has also contributed as a writer for Advocate Magazine, sharing insights into personal injury litigation.

Contact Us Today

If your child has suffered injuries due to bullying at school, you don't have to face this alone. Contact Greenberg and Ruby Injury Attorneys for a free consultation. We will evaluate your case, explain your options, and fight to hold the responsible parties accountable. Let us help you protect your child and seek the justice they deserve.