I want to sue my son's school he is a disabled 8yr 2nd grader and he left his school walking, no one knew.help

Question

My son is being mistreated, he has never left school before, something happend and all he say is that mama I needed to get away. His teacher was on the cell phone at the time. My son left the school there is no gate that seperates the school and the neighborhood. He walked along side of a busy highway and near a huge lake. No one knew at the school that my son was even gone. I feel like the lady who was so kind called the school and told them that a little boy in a school uniform was walking in her neighborhood. I may not have ever found my son the houses in that neighborhood or so big, he could have gotten kidnapped, killed, ranned over or even drowned in the lake. I thank God that the lady called and informed the school. I also have reports of students jumping on my son and no one doing anything about it but if he fight back they suspend him and now things are getting worse. They did not call me unitl they just could not find him, I wouldn't even known. My son was gone from 1245-2:15

To cbrown 12..do you have any children?Yes the school will be liable if the school burn they should have a drill therefore the principal should definitely have every key the custodian have. I suggested that they put up a fence that has a latch, they said no. Do you know what it is like to be afraid for your son to go to his school, it should not be that way home and school should be a safe place. To anyone who answers only people with children and you think about how you would feel if that was one of your children? I now go to school with my child and that offends them.
moving is not an option, at this time maybe by paying they will finally put the fence up to protect the children not just from them leaving on their own but from anyone else coming and taking them off the playground those houses are huge and there is a highway so if someone came and abducted a child because the teachers can not watch 25 children and there be more than that at lunch with 5 teachers I'll put he fence up

Answer 1

Because of the student-school relationship, the school has a special heightened duty to rescue, warn, or protect your son. They must ensure his safety while he is at the school... they cannot allow him to get hurt (so they can't let other kids beat him up) and they cannot allow him to go wandering out of the school. You have a very good lawsuit against the school. Simply the fact that your son was walking in a neighborhood for an hour and a half shows that the school was negligent because they clearly did not stop him from leaving... or apparently make any attempt to find him.

The part about other students jumping on him: you'll need evidence that it's true, not just your son's story... but for the letting him wander the neighborhood: that's something that wouldn't happen without a breach of their duty to your son... even if the boy escaped without anyone noticing, it's a breach because they have a duty that would require them to pay enough attention that they would know. so yeah... it's a good claim for a lawsuit.

Answer 2

you ought to have the skill to sue using fact a million) you weren't exact supervised on the time of the twist of destiny and 2) the kit lacked the appropriate protection kit (maximum present day saws will end straight away every time such an adventure happens, ensuing in a much less serious harm). although, you will possibly no longer get plenty from the college (college districts are notoriously undesirable). you may do extra useful suing the observed's producer. The reimbursement you're probably to receive probably additionally heavily isn't plenty using fact the constrained function of two digits isn't evaluate a significant undertaking of existence applications. Your ultimate guess is to seek for suggestion from a criminal professional.

Answer 3

The school is obviously wrong but really - will a big fat settlement check make it all better? How about getting involved in the process instead like with the PTA and get things changed? It happens all the time.

Rather than hand you a check for however many thousands, why not have them install a fence or hire more monitors.....I am willing to bet you could even volunteer yourself to ensure no other parent goes through it.

Why make the rest of us pay?

Answer 4

Unfortunately I can't give advice about sueing the school, but I want to say - good luck to you.
I can really relate to how your son feels. I'm autistic and was bullied by both teachers and classmates in school. I would try to endure it as much as I could, then suddenly I'd reach my limit and feel an urgent need to get away from there immediately! At that point I'd go running off, often getting into a fight with a teacher when the tried to stop me from leaving.
I run a yahoo group about kids mistreated in school. If you want you can join it. It's at groups.yahoo.com/group/schooltrauma

Answer 5

There have been cases in Australia, where schools and childcare centres have been held liable for negligence for losing children. You need to look at whether the supervision your son had at school was reasonable in the circumstances - for instance; we're there enough teachers on duty, and it was just horrible luck your son went missing, or was there an ommission on the schools behalf by not providing an adequate number of teachers on duty to provide supervision.

If your son is having problems at the school, maybe you could consider other options such as transferring him, or speaking to the school principal about the bullying he is being tormented by.

Answer 6

Your school can't really be expected to know what your son is doing every second he is there. On average a school has 1 teacher for every 25-35 kids. Can you watch that many kids at one time and know where every single kid is?

While it is a shame that this was able to happen imagine if the school was burned to the ground and that same exit he used was closed by a gate that nobody could get open because the janitor was on the opposite side of the school...would the school be liable?

Nothing can ever be perfect.

I assume that since your son is disabled he has people who are at the school with him and I would be asking where were they at? I know my daughter is friends with a disabled kid in her class who has people with him every second he is at school because of his special needs. I would be asking where they were at before trying to blame the school for an unfortunate circumstance.

If he was at a special school then I have no idea of their standards and the school might actually be liable. Since you are talking about kids jumping on him I assumed he attends a regular elementary school.


EDIT:
I guess Bonsylar also has a degree in Administration of Justice (as I do) and is also a peace officer (as I am). She is a sue happy person and is out to waste the time and efforts of people with real lawsuits. I am giving you an unbiased opinion while she is giving her opinion and bashing people with a lot more knowledge on the subject then she could ever want to have.

According to her you will be writing down a bruise on his knee from falling during recess while playing soccer. Then using that same injury to sue the school later on while every single kid in the school has gotten the same bruise in various ways. If kids are truly picking on your son move him to a special education school where they can better meet his needs or do as I hinted at before and use the system to get him helpers for while he is at school. Then again I am just an ignorant absurd fool.

What good comes of suing the school? They raise taxes to pay your settlement in the city you live in? Other kids get old text books to pay your settlement? As another poster said become part of the PTA and become involved and write letters that are not angry in nature.

I bet I can guess the person that gave me a thumbs down......

Answer 7

Look I don't mean to be anti-sue.. believe me, I believe in suing; but, don't you think you can just work this out with the school. It sounds like there is something that you are not aware of that you need to talk to your son and the school about...

Answer 8

Get the police involved.
This is a case of child endangerment/neglect. You need to make a report.
You also need to start documenting bruises, taking down his stories.
Every single time he comes home injured, make a police report.
Talk to the other parents. Have them get pro-active with you.
What other alternatives do you have in your area?
If you live in the USA the government is required to educate your kid until he is 18. In the best manner for him. If they can't accomodate your kid at a public school, they are REQUIRED to pay for private school, or a private tutor, at no cost to you.
If you can't get anyone to listen about the school, pull him out and tell the principal you won't have him in school until something changes.
That's what my mom had to do for my brother. They wouldn't do anything until she pulled him. You see, the school gets government money for each student who attends. No kid, no money. They suddenly were very interested in my mother's concerns and made the changes she wanted within days.
Contact your local board of education. Keep going up the chain of command until someone hears you. All the way to the Govener if you have to.
It's the only way. Especially with special needs kids (which my brother was).
Good luck and keep in touch.


EDIT
cbrown is utterly and completely wrong. It's the schools RESPONSIBILITY to know where each and every child is EVERY MINUTE they are at school.

Answer 9

Your suit will go nowhere.Try changing the school system regarding all disabled kids..Get involved in PTA .Write non-combative letters to the school district administration...Have a paper trail so that you can protect your son and other disabled kids from future neglect.You should also hook up with other parents who have special needs kids..Work for change .......It benefits everyone..

Answer 10

WHEN YOU LEAVE YOUR CHILD AT SCHOOL, OR SEND THEM TO SCHOOL, ONCE ON SCHOOL PROPERTY, AND ATTENDANCE IS TAKEN, AND IT IS DETERMINED THAT HE IS THERE, THEN THEY ARE RESPONSIBLE FOR HIM UNTIL THE BELL RINGS AND HE LEAVES SCHOOL PROPERTY. TRY TO GET A COPY OF THE ATTENDANCE SHEET FOR THAT DAY, OR FIND SOMEONE WHO WILL SAY HE WAS THERE, ALSO A WRITTEN STATEMENT FROM THE LADY WHO CALLED ABOUT HIM , AND NAMES OR ANY OTHER WITNESSES.THEN GET A LAWYER. SOUNDS LIKE YOU HAVE A GOOD CASE, GET ANY EVIDENCE FOR COURT BEFORE THEY KNOW YOU WILL SUE THEM.