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Can I sue the School District in Arkansas for Negligent supervision or any other reason for allowing a student to hit my child
Anonymous5 views5 answers
My son was standing in the student parking lot, where students who drive to school park, and another child backs out of his parking space, backs further backwards, stops his vehicle and just floors on the gas and hit my son throwing him several feet into the air and on the ground for a number of feet.
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
I can see no reason, applying general principles of law, why a school district would be liable because another student intentionally or recklessly used a car to assault and batter your son.
I can see how your son would have a claim against that student;
I can see how your son might have a negligent entrustment claim against the owner of the vehicle, if it's owned by someone other than the student who hurt your son (IF they knew that he might do such things); and
I can see how a criminal prosecution for aggravated assault and battery might be premised upon the facts you describe (and I assume it was reported to the police).
But I DON'T see what the school district has to do with it, other than that they provided a student parking lot. I mean, how could the school district have controlled the actions of the boy who was driving, to have prevented his doing what he did?
Not legal advice as I don't practice law in Arkansas. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Arkansas licensure. That's not me.
I am sorry to hear of your son's accident. I hope that he recovers fully and quickly. As I am a New York practitioner, I cannot speak authoritatively, (and of course cannot give legal advice,) for a matter arising in Arkansas.
In addition to seeking a consultation with a local Arkansas injury lawyer, (assuming that your son was seriously injured,) I would encourage you to discuss the following in such a consultation:
A direct claim against the driver for the negligent operation of his vehicle; A claim against the owner of the vehicle if Arkansas has a "vicarious liability" rule.
I assume that you are interested in a potential claim against the school because the owner and/or driver have no or inadequate assets and/or insurance coverage. While your discussion with the local practitioner should certainly include review of any potential liability by the school, from what you've written, it is not clear to me that that there was any "fault" on the part of the school. (Unless Arkansas has specific rules of law imposing liability on schools in such circumstances.) In New York, I don't believe a school would be liable for the negligent driving of a car by a licensed student. Was there some way the student parking area layout or signage contributed to the happening of the accident? These and all other pertinent considerations should be explored when you confer with a local practitioner. Best wishes to you and your son ! Eddie Friedman, 212-LAWYERS / 212-529-9377
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
In addition to the above answers, if your son was injured by the car, a personal injury lawyer can try to recover money from the car insurance policy. Don't try it yourself. Get a personal injury lawyer with a low fee, less than 30%, so you get the lion's share of the settlement. Good luck to you.
There are a number of facts that would need to be explored before determining potential liability, such as whether there was some reason the school district knew that this student was susceptible to this kind of act but turned a blind eye, actions of both students leading up to the incident, etc.
They have immunity from suits for negligence. They may have premises liability insurance. You should contact the superintendent about filing a claim. You can sue the insurance company if they have coverage.
A failure to protect students after repeated notice of problems, could give rise to a civil rights action, but it would be very hard to prosecute. The Billy Wolfe case in U.S. District Court in Fayetteville is an example of how hard it is to win a civil rights case against a school district.