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5 year old injured at school

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carter96

Junior Member
5 year old injured,possibly by teacher

What is the name of your state?What is the name of your state? TX
My son was hit in the mouth with a chair at day care. The day care called and we immediately picked him up. Once we arrived, we were told that he threw a chair and it hit the teacher and bounced and hit him in the mouth. While in the ER, he told us he did throw a chair that hit the teacher, but the teacher then picked up the chair and hit him in the mouth. He also told us she made the comment,"you wanna play this game" after hitting him. He is only 5 years old and I do not believe that he could make up something like this. The ER doctor told us because of the magnitude of force that must have been used to split his lip and loosen 3 of his teeth the school's story is very unlikely. I filed a report with the police. Do I need to get legal counsel now? What's the next step? Please help!!!
 
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djohnson

Senior Member
As a parent of three, the youngest of which is 6, let me say that I don't find his story to be necessarily true. Kids see things and believe things that aren't always there. Not to say always, but being the parent that believes everything a 5 yr old says isn't good either. Think for yourself for a moment. If he threw a chair at the teacher, then obviously he has anger problems and issues. What happened to that chair? Do you really think she picked it back up and threw it at him? Did he miss hitting her? I think a common thing would be for it to bounce off her is she turned her face from it, or instinct, to put your hands out to block it and it went back on him. I can also imagine her making the comment about wanting to play this game prior to him throwing a chair. He wasn't just being mr sunshine when he threw it you know. On the legal side, you would have to prove his story. Which might prove difficult. Did you talk to the director? Was other teachers present? Did anyone else witness it? Why was he so angry to begin with?
 

carter96

Junior Member
I am not one of those parents who feel that her child can do no wrong. He actually has anger problems and all teachers in the school are aware of that. Also, there are other children in the school who have anger management issues. The teachers are very skilled in dealing with them. It just so happens he was not with his regular teacher. I tend to believe him because he never really lies about anything. Even when he has done something wrong and knows he will get into trouble, he still tells the truth. I have spoken with the director now and she would like for me to have a conference with her and the teacher in question. The chair did actally hit her leg and he says it fell to the ground and did not bounce. She then picked it up and hit him with it. There were other children in the room at the time, but they were facing the opposite direction watching a movie. At this point, we do not know if any of the children saw anything because the investigator has not yet contaced us. I feel that it does not matter if he threw the chair first because he is a child. And having a degree in education myself, I know that as an adult you cannot react physically no matter what that child has done.
 

bononos

Senior Member
Just an outside observation.
If the other kids were sitting there watching a movie, the argument, the disruption, the loud noise of a chair hitting the ground, etc... would make anyone's head turn to look. I don't believe the children "didn't see anything" idea. That should be looked into further. They HAD to have seen AND heard.
 

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