What are our rights if my son was assaulted on his school bus?
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What are our rights if my son was assaulted on his school bus?
My son, who is 10, was assaulted by another student on the school bus while enroute home. The other student stabbed my son with a pencil a few times in his face and palm of his hand which resulted in some abrasions in these areas. The school bus driver witnessed this and wrote an incident report and had taken pictures. I also took pictures and my son was seen in the ER. Would the school have responsibility? The other student’s parents? The bus company? Would I have a strong case? Should I speak with a personal injury attorney? In Anne Arundel County, MD.
Asked on November 17, 2010 under Personal Injury, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, I would seek legal help in this matter from an attorney in your area. The school is going to say that it is not responsible because their duty was relinquished when he got on the bus and that the bus is not "school property." Well, that depends. It may be property of the Board of Education in your area and what the duty of the school is in this situation may remain to be seen. Was this child a "problem" in the past? Did they know his propensity for violence and let him on the bus unattended with others? Municipal liability is a specialized areof law in the general tort liability field. I am sure that a good attorney can figure it out. And if there are gray issues you should consider finding a theory to hold everyone in to the lawsuit and let the finder of fact (Judge or jury) make the decision to let them out. Good luck.
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