Negligent Supervision

[rbruce]

What is the name of your state? Virginia

My child got injured by another child. They were going from the classroom to the library, the teacher had to stay behind with one child in the classroom for some reason and sent the others on their way. My child got hit in the eye by a pencil thrown by one of the other students. This was a special ed class.

I tried researching this, as far as I can tell, I cannot hold the other kid's parents responsible. Can I hold the teacher or school district responsible?

 

[Alexander1492]

First, have you explored the idea of holding the student himself liable? In most states you'll have more standing on that, the only issue that will arise will be the students handicap/s, however that does not nullify any of his/her legal responsibility to not hit another in the eye with a pencil. Typically, from personal experience with lawsuits against the school/s, I have not seen much luck on suing on a basis of negligence alone. PS- Good luck with everything, and is your child is in the special ed classes as I interpreted from your post, I know it's challenging being a parent in your circumstance, my best hopes are with you and your child.