What are my parents options for legal action and what are the shools and the athorities obligations?

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What are my parents options for legal action and what are the shools and the athorities obligations?

One of my brothers classmates shot him with and airsoft gun on school property. Both were on school property. My brother took a hammer out of the trunk of his car and turned to him. The other student threatened to **** my brother if he did anything. He put the hammer back down. There is a welt on my brothers butt where he was hit. The school is a private Lutheran school.

Asked on May 7, 2009 under Criminal Law, Wisconsin

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am lawyer in CT, not WI.  Are these high school students?  If so, how old is the kid who shot your brother.  In some states, parents can be held liable for the intentional wrongful acts of their minor children.  A minor is a person generally under the age of 16 or 18 in some states.  I would look into whether the school knew about the kid with the gun. i would at the very least sue the kid for assualt/battery in court.  I would have your brother see a doctor to determine th eextent of his injuries. Maybe the kid who shot your brother has parents that have homeowner's insurance that could trigger insurance coverage- you never know.  You can also possibly sue the parents for negligent supervision of their kid for having a gun and so forth... I suggest, having your bother see a Doctor and then a lawyer asap to investigate and put the school and kids parents on notice of a claim.  At the very least, your brother should sue the kid in court for the pain/suffering an medical bills.  The school will have an obligation to investigate, but they will do everything they can to avoid liability - which is why you want to have a lawyer involved.  The school is a private school that has to carry its own insurance... plus, once the police are involved (not sure how badly you want the kid prosecuted) but you can do that.  If the kid pleads to a crime you have aan even better chance of winning on the civil suit.

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Was it during school hours or just on school property? And if it wasnt on school hours, how did they get on school property? Who else was around? How long ago was this? Was this person prone to do that? Does the school have a policy against airsoft guns? Had he brought that gun to school before? All these questions need to be answered.  Thanks.


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