Wife assaulted by student

Hi I live in the state of Florida.
My wife was recently assaulted by a student whom was removed by other schools in the same district for the same thing.
Can we sue the county for this?

Why would you sue the county? Why wouldn't you sue the student and his/her parents?

storm807 said:

Hi I live in the state of Florida.
My wife was recently assaulted by a student whom was removed by other schools in the same district for the same thing.
Can we sue the county for this?

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obvious answer, is of course you can sue. Anyone can sue, almost anyone for anything.

storm807 said:

Hi I live in the state of Florida.
My wife was recently assaulted by a student whom was removed by other schools in the same district for the same thing.
Can we sue the county for this?

Click to expand...

I assume that the facts are that this kid attacked several teachers in the past, and instead of expelling him, the county bumped him around to various schools and hapless teachers until your wife finally got him.

Just thinking out loud here:

You would argue that the county had a duty to protect teachers from students who are known to attack teachers, and that the county breached that duty when it knowingly placed a violent student in your wife's class, without warning. She was then attacked in similar fashion as the other teachers, and was injured.

Given those facts, it sounds like you may have a case. It's not too dissimilar to a negligent hiring action.

storm807 said:

Can we sue the county for this?

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What damages did she incur?

here is a little more information.
It was a 16 year old female who assaulted my wife. The assault happened after the girl was in a fight with another girl. My wife and fellow female teacher did not try to break up the fight but a male teacher came along and told them to seperate and they did. My wife was escorting the girl to the "Student affairs " office Whlle walking behind the girl and carrying the girl's belongings the girl elbows my wife in the mouth , splitting her lip open.

Here is the article in the newspaper. It also made the T.V news that night.

http://www.news-press.com/apps/pbcs.dll/article?AID=/20070313/NEWS0103/303130012/1085/NEWS0110

Let me also add that I am just trying to see if there a possiblity of a case. My wife loves teaching and she would love to continue teaching. We are not looking at suing the county for that reason but may look into suing the parents of this girl.

Any takers fo rthe case?? LOL!

storm807 said:

Let me also add that I am just trying to see if there a possiblity of a case. My wife loves teaching and she would love to continue teaching. We are not looking at suing the county for that reason but may look into suing the parents of this girl.

Any takers fo rthe case?? LOL!

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No soliciting, here! You can use any of the links at the top or bottom of the page, though.

Im sorry, I meant it as a joke.

I don't know about your state, but it can sometimes be very difficult to actually remove a child from any and all schools - especially if there is an IEP in place or limited alternatives.

A lawsuit against the county would seem to be a slim shot. You'd have to show that the county knew that this was likely to happen and that they recklessly endangered staff or students at the new school by placing her there. But, then, did the COUNTY place her? Or was it the school district? It can be come a little convoluted.

However, I presume the child was charged with a crime. If so, restitution for damages will likely result. If mom and dad cannot pay restitution, then it is doubtful they would be able to pay a civil judgment. So, are you willing to pay for a civil attorney hoping you will win and then hoping they have the means to pay any medical bills or pain and suffering? (Note: A split lip is not likely to be a big moneymaker, so you will likely have to pay an attorney up front ... ask yourself, will you even get your attorney's fees back in a win?)

- Carl

panzertanker said:

What damages did she incur?

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Again, I ask the above question....