• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My son was attacked by another child at school

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Dawn67

Junior Member
What is the name of your state? Ohio

On Friday my 12 year old son was attacked by a fellow student. The incident took place on a playground filled with middle school children, monitored by a half-dozen teachers.

As a result of the attack, my son suffers from a compound fracture of the radius bone of his left arm, and a buckle fracture of the radius of his right arm.

A simple game of tag turned violent.

The boy who attacked my son has a history of violent behavior. He fights with anyone, anytime. He has been reprimanded by school officials. He has been suspended more than once. The boy's behavior is often frightening and so out of line that many parents will not allow their children to play with any of the children in that family.

The boy took issue that day with my son tagging him "it" and saying something like 'in your face!'. The boy cursed at and shoved my son. My son shoved back, then he walked away. The boy continued to verbally harass and shove my son from behind, as he was walking away, until some classmates intervened. My son thought it was over. He continued playing for several minutes until the boy suddenly tackled him from behind. My son fell forward and tried to catch his fall with his hands. The bones in both arms fractured.

None of the teachers on the playground realized what was happening. Nobody, beyond a few 12 year olds, came to my son's aid. My son could not pick himself off the ground--he had to be helped by his classmates. They half-carried him inside to the principal's office. There was no school nurse on site. My son told the principal and vice-principal what happened. Then they called me to take him to the hospital.

My son has had a relatively easy surgery to repair the compound fracture. His doctor doesn't believe there will be any permanent nerve damage, though it will take a long time to heal. The buckle fracture should be healed in 3-4 weeks.

Nobody from the school, nobody from the district, has called to inquire of my son's health and well-being, or to discuss the incident.

I'm at a loss and am not sure what to do. Do I call the police and report a violent game of playground tag? Do I wait and talk to the principal on Monday? This young boy's behavior has to be corrected. What do I do?What is the name of your state?
 


CourtClerk

Senior Member
If you feel your son was criminally attacked, call the police and file a police report.

Sue his parents for the medical bills.

Put your son in a karate class.
 

JETX

Senior Member
Do I call the police and report a violent game of playground tag?
No, you contact the police and file a claim of assault.

Do I wait and talk to the principal on Monday?
Why?? Though it would appear that the school MIGHT have been remiss in not 'holding his hand'... the school is not the at fault party here. Sue the kids parents for their sons conduct. If there is truly a pattern as you say, they will likely be liable.
 

Dawn67

Junior Member
If you feel your son was criminally attacked, call the police and file a police report.

Sue his parents for the medical bills.

Put your son in a karate class.
The parents of the violent child are penniless. The only thing we sould receive from a lawsuit is satisfaction, but there is that.
 

Dawn67

Junior Member
...

Why?? Though it would appear that the school MIGHT have been remiss in not 'holding his hand'... the school is not the at fault party here. Sue the kids parents for their sons conduct. If there is truly a pattern as you say, they will likely be liable.
The school has a no tolerance rule in regards to violent behavior. When I write of speaking with school officials, it is to determine how the school will handle the behavior of the child, not because I believe the school is at fault.

I am, however, concerned that such an incident on a small school playground went unnoticed.
 

CourtClerk

Senior Member
First of all, the school is probably prohibited by law in discussing with you how they are going to handle the other child, so don't be surprised when you go asking your questions and you get shut down.

Second, if the parent's of the child are penniless, then save the money the attorney is going to charge you to go after someone you'll never collect from and send your child to Harvard or something. I hate it when people clog up my courtrooms.
 

CourtClerk

Senior Member
ROTFLMAO!!
As a 'judicial assistant', you don't HAVE a courtroom!!! :eek:
When part of my job description is to take charge of the courtroom... it is my courtroom. Especially when my judge is on the bench all of 4 hours a day...

But hey, you don't have one either... but I'll take bets on who sees the inside of one more than the other.
 

JETX

Senior Member
But hey, you don't have one either... but I'll take bets on who sees the inside of one more than the other.
Nope... I don't 'have' a courtroom, except as an officer of the court... but then I didn't claim to 'have' one either... LOL
 

texgirl

Member
First of all, the school is probably prohibited by law in discussing with you how they are going to handle the other child, so don't be surprised when you go asking your questions and you get shut down.

Second, if the parent's of the child are penniless, then save the money the attorney is going to charge you to go after someone you'll never collect from and send your child to Harvard or something. I hate it when people clog up my courtrooms.
Ummm, have you ever heard the phrase "delusions of grandeur"?
 

SnowCajun

Member
I am considering retaining an attorney. Should I file a police report now, or wait for an attorney to advise me?
Personally I think you should have called the police immediately and filed personal injury and assault charges, in fact I still think you should now. If the family has this type of history, if the child is as bad in school as you say he has history of being, then you've got good cause in my opinion. I wonder why, since the school knew this childs history, that they didn't have a better eye on him and his behavior with others.

It doesn't matter if this family is penniless or not, what matters is their kid is an idiot who needs help with his behavior, if you ignore it then this will just happen to your child again, or someone elses child, it's only a matter of time. Never the less, this isn't your fault and it isn't your childs fault, and personally I feel kind of sad that so many here have made so little of this, it's the first time I remember feeling such a cold shoulder about something from so many posters.

My youngest son took harassment from a bully in school for a long time, finally he reached his limit and tore into the bully. We'd talked to the school numerous times asking them to help, explaining there was a problem that was going to escalate into something much more serious if action wasn't taken. They did nothing, they sat on their thumbs. Finally one day that proverbial straw that broke the camels back was reached to the point that my son had his fill of this bully and he lit into the kid.

Though my son won the fight he got a 1 year sentence, he served one month in juvenile detention and 11 months probation. Had the school made some effort at all to work at stopping the problem I feel my son would have never had to endure that, but even kids have their limits, we all do. The bully may have lost the fight but he in all honesty he really won, he got to sit back and watch my son go through juvenile detention and probation and laughed at him about it. It's all manipulation, he manipulated my child in to reacting and it was my child who ended up in trouble. The system couldn't see all that had gone on behind the scenes that drove my son to the breaking point, they only saw the fight and the injuries to the other kid. Bullying is a mean and horrible thing for kids to have to endure, and it's something I feel schools all over the USA should be monitoring a lot more closely than they seem to care about doing.

SnowCajun
 

Dawn67

Junior Member
Thanks for your response

Personally I think you should have called the police immediately and filed personal injury and assault charges, in fact I still think you should now.

I called last night and filed a verbal report. It is not a complaint, just a report.


It doesn't matter if this family is penniless or not, what matters is their kid is an idiot who needs help with his behavior, if you ignore it then this will just happen to your child again, or someone elses child, it's only a matter of time.

That's the whole point. This child's violent behavior has to stop. I would like to see him to get help -- I would like his parents forced to get the child help if they cannot see the damage being caused. This wasn't a case where a bully steals someone's lunch money. This young person caused serious injury that even with insurance coverage will likely cost thousands of dollars in out of pocket expenses and deductibles. It will take my son many weeks to fully heal--weeks that he was planning on playing basketball and doing all those other kid things he enjoys. If the school won't address the problem then perhaps the way to go is through the juvenile court system. I don't know. This is why I am here. I was trying to find some basic understanding of how I should go about it all. My first thought was not a lawsuit against a poor family.



Never the less, this isn't your fault and it isn't your childs fault, and personally I feel kind of sad that so many here have made so little of this, it's the first time I remember feeling such a cold shoulder about something from so many posters.

Well, thank you for that. I was confused by the "tone" of some of responses. I chocked it up to a busy message board frequented by people who have seen and heard everything here. Cynicism would be natural, I suppose.



My youngest son took harassment from a bully in school for a long time, finally he reached his limit and tore into the bully. We'd talked to the school numerous times asking them to help, explaining there was a problem that was going to escalate into something much more serious if action wasn't taken. They did nothing, they sat on their thumbs. Finally one day that proverbial straw that broke the camels back was reached to the point that my son had his fill of this bully and he lit into the kid.

I am very sorry for your son's troubles and I certainly understand where he was coming from. There is only so much a body can take. I can tell you that I am adamantly opposed to my son fighting or retaliating in any way against a bully. My son's school, at least on paper, has a no tolerance policy regarding physical violence and should my son engage in brawl with a child, even someone who has bullied him, he risks the same suspension/expulsion that the bully would. A violent response to violence is not the answer, IMO. I would rather my son feel comfortable enough in his school officials that he could go to them if there is a problem--and be taken seriously.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top