What to do if my daughter was assaulted by a boy in the school cafeteria?

UPDATED: Jan 8, 2013

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What to do if my daughter was assaulted by a boy in the school cafeteria?

He called her a c*** and she slapped him. He then hit her once, which broke her jaw in 3 places. Who is responsible for what?

Asked on January 8, 2013 under Personal Injury, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If she hit him first (which is what you write--you say that she slapped him, and he only hit her after that) and he only hit her once, then it is not likely that he would be civily or criminally liable; a court would likely conclude that his action was justified, such as by self-defense, if he responded to a single hit with a single hit of his own. There is no right to strike somone for calling you a name--ever; no matter what the name or word is--so her initial slap was legally unprovoked and if he then immediately hit her back, it's not likely he'd be found liable, even if it's the case that he hit harder than her.

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