What to do if while my husband was driving home, a kid on a school bus threw something out of the window and when it hit his windshield it cracked it in several places?

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What to do if while my husband was driving home, a kid on a school bus threw something out of the window and when it hit his windshield it cracked it in several places?

My husband swerved. Luckily he didn’t hit anyone and no one was hurt. The only thing that was done was the kid was suspended. The insurance of the school county system said they have immunity against this type if incidences. I wanted to know if this is true about the school having immunity or if it’s just the insurance getting out of paying damages? Do we need to go after kid’s parents for damages?

Asked on May 19, 2013 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not only does a school system typically have immunity for this kind of situation, but they probably wouldn't be liable anyway: they are not responsible for the negligent or intentionally harmful acts of students, unless they had warning a student would do such an act and, even with warning or specific reason for caution, failed to properly supervise the student. This is most likely not that case.

Suing the child's family is likely your best recourse.


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