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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114703
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband works for a private company as a driver. They

Customer Question

My husband works for a private company as a driver. They transport kids to and from school. A few months ago there was a fight on his bus between two boys. He used force to move one of the other boys to another seat. He pulled the boys arm to get him out of the seat, the boy was not hurt. But after the company reviewed the type they explained to my husband that if the boy was hurt he as an individual could have been sued. He is still working for the company and have they provided with special classes. But he was suspended for a week without pay. My questions are.
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: this was in California. Can we be sued? And if we can how do I protect are property in the future? Also this company types every ones conversations on the buses is this legal?
JA: Has anything been filed or reported?
Customer: No the only thing the company did was have my husband sign a letter saying the conduct he used was not within company policy
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the boy was not injured NO he cannot be sued. Also, he has a duty to break up a fight and he has a legal right to use the minimal force that is reasonably necessary to prevent the children from injuring themselves in the fight. He also has a duty to protect the other children on the bus from injury as a collateral issue from the fight. So, legally, if the matter were to go to court and there is no injury OR if the force he used was reasonably necessary for your husband to prevent the children from fighting and interfering with the safe operation of the bus, their suit would not succeed.