What to do if my child and his teacher had an altercation at school and he was suspended for assault?

UPDATED: Nov 16, 2013

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What to do if my child and his teacher had an altercation at school and he was suspended for assault?

He tells me that she shoved the desk into him, scratched his arm and hit his shin so he shoved it back at her. I took pictures of the injuries he obtained. CCan I seek legal action against the school regarding this matter? Let me include she also taunted him saying “come in and hit me I know you want to”.

Asked on November 16, 2013 under Criminal Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The school would only be liable if they had warning that this teacher posed a general threat (that she had, for example, anger issues or behavioral problems) or a threat to your child specifically; that's because since assaulting a child is outside of a teacher's job description, it's not something the employer (the school) would be liable more in the absence of indications of danger or risk.

Moreover, in a civil lawsuit, you can only recover an amount of money commensurate with the extent of injuries, medical bills, and other out-of-pocket losses. From what you write--scratches and bruises--you could recover very little, if any money; you'd spend more suing that you'd get.

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