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legalgems, Lawyer
Category: Legal
Satisfied Customers: 7629
Experience:  Just Answer consultant at Self employed
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My daughter is currently high school and, parent came too

Customer Question

My daughter is currently high school and, parent came too the school jump her and her daughter jump my daughter on school premises. I would like to suiit the parent for her pain and suffering I am talking my daughter to the doctors because she is scare to return back to school!
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Mississippi
JA: Has anything been filed or reported?
Customer: Yes i made paper out on the parent
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I just need some answer to go about this situation!
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 2 months ago.

So to be clear both the parent and the child were involved? were teachers present?

Customer: replied 2 months ago.
the child and the parent was involve
Expert:  legalgems replied 2 months ago.

Thank you for your patience.

I am very sorry to hear this. I imagine that will be very difficult as it would affect the child's sense of security, in addition to physical injuries.
A parent is responsible not only for their actions, but also for the actions of their child/ren. So if a child physically harms another, the parent of that child can be legally liable, based on the common law tort of negligence, for any physical injuries to the injuries. In order to prevail, it requires the child to have economic damages (ie medical bills) at which point the court then has the discretion to award special damages, such as:
emotional pain and suffering-to compensate the child for any lingering effects, both emotional and physical
punitive damages: designed not to compensate the child, but rather to punish defendant, and serve as a public interest deterrent to prevent others from similar action. The more egregious the behavior the higher the damages typically.

Furthermore, the adult can be prosecuted for both assault and battery. This would require a police report to be filed, and then the prosecutor would be the party that would bring the criminal action. If the prosecutor successfully obtains a conviction, the civil court can take "judicial notice" of the conviction so that the innocent child's parent need not prove evidence in court-the criminal conviction is proof enough.
Furthermore if the school was lax in providing a safe environment and knew or should have known of the threat, the school can also be held liable.
In situations such as this it is best to hire an attorney for representation because often people will settle without knowing the true value of their case - which varies based on the local judge/jury, the extent of damages, the behavior at issue, etc.

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.