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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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im a special needs bus driver and have repeatedly asked for

Customer Question

im a special needs bus driver and have repeatedly asked for a individual student with violent tendancies to be romoved from the bus. This individual has bit, clawed, wrenched my back on more than one occasion. We have asked for additional help on the bus and has fallen on deaf ears. We asked for the student to be removed on several occasion this also has failed to be understood by my supervisors. My question is what recourse do i have being put in an unsafe and hostile enviroment on a daily basis?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

Are the students who you transport already under law enforcement supervision, or are they simply children designated as having special needs?
Customer: replied 5 years ago.
just designated as having special need
Expert:  socrateaser replied 5 years ago.
Okay,

I realize that you may be looking for a cause of action against your employer (e.g., school district). However, as a general proposition, California employers are immune from employee claims of negligence based upon workplace injury, if the employer carries workers compensation insurance. This is true, even though you are assaulted during work -- unless you are assaulted by the employer's management personnel.

See Labor Code § 3601(a)(1); Arendell v. Auto Parts Club, Inc. (1994) 29 Cal.App.4th 1261, 1263-1266.

In theory, you could sue the child, and possibly recover damages against the child's parents. However, getting a jury to find in your favor, given the circumstances of the "big, bad bus driver vs. the poor special needs child," is simply a high-risk lawsuit, and I doubt many personal injury attorneys would be willing to take the case.

That said, if it were me, the next time I was attacked by this child, I would dial 911 and ask law enforcement to arrest the child, either for a willful assault or to be taken into custody for observation on a mental health observation hold. See Welf. & Inst. Code § 5150. That will get the county juvenile authorities involved, and take it out of the hands of the school district.

At least you would have protection from the child, if nothing else.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 5 years ago.
we have also called in the police and they said there was nothing they could or would do.
Expert:  socrateaser replied 5 years ago.
I would continue to call 911 every time I was assaulted by the child.

You may have a civil rights action against the police, and or the school district (assuming you are employed by the school district and not a private transport service), pursuant to federal law (42 U.S.C. 1983). See, e.g., Lopez v. San Francisco, 1991 U.S. Dist. LEXIS 13619 (1991).

For a civil rights lawyer referral, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


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