<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by John Hock:
My 12 yr. old son was punched in the face by a classmate, during class, and without provacation. The school's idea of punishment was suspending the offender for ONE DAY. Since a punch in the face is so potentially dangerous, I would like to consider filing assault charges. Would this be possible?<HR></BLOCKQUOTE>
My response:
Absolutely. A child, not of tender years, can be sued and held liable for their intentional acts, such as assault and battery. The parents can also be held liable for the damages in such a case. A parent is liable for the "intentional torts" of their child. Your son is entitled to damages in the form of "pain & suffering" and could very well be awarded "punitive damages" (a form of "extra" damages to teach the child and his parents a "lesson" as it were. Unless you "perceived" the incident; e.g., heard or saw it happen, or were in the Zone of Danger, you would only be entitled to receive a judgment for the amount of medicals you paid for, on behalf of your son. It makes no difference whether or not you had insurance for your son. You are entitled to the WHOLE amount of the medical provider(s) bills.
Good luck with your case.
IAAL
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