What if the school resource officer fractured your child’s arm during an altercation with another student?

UPDATED: Sep 30, 2022

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What if the school resource officer fractured your child’s arm during an altercation with another student?

My child was involved in a school fight. A student had been threatening her all day. Teachers were made aware and other students were asked to escort my daughter to her classes. During forth

period the little girl followed through with her threat. She and my daughter got into a fight. The school resource officer was called. He slammed my child down fracturing her arm.

Asked on November 17, 2016 under Personal Injury, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on whether, under the circumstances, he was negligent, or unreasonably careless, in separating the children or restraining your daughter, or whether he acted reasonably--essentially used reasonable force--and the fact that your daughter was injured was an unfortunate accident, but not his fault.
If he used reasonable force and acted reasonably under the circumstances, given what was happening, the age and size of the girls, etc. then neither he nor the school would be liable. However, if he acted unreasonably or used excessive fault, then both he and the school could be liable, such as for medical costs, lost wages if you have missed work caring for your daughter, potentially some amount for pain and suffering, etc. In this event, if neither he nor the school offers you compensation voluntarily, you could sue them for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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