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RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 13185
Experience:  Experienced in multiple areas of the law.
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My son was choked at school by a teacher he was taken to the

Customer Question

My son was choked at school by a teacher he was taken to the ER just redness but now has to see a therapist twice a month should I sue the school f
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for your question.
While the teacher would certainly be liable, the school would likely avoid liability under the legal theory of respondeat superior, literally "let the master answer."
This legal doctrine states that an employer is subject to liability for torts committed by employees while acting within the scope of their employment. There are four factors a court generally uses to determine if an employee was acting in the course and scope of their employment:
(1) whether the conduct was similar to that which the employee was hired to perform; (2) whether the action occurred substantially within the authorized spacial and temporal limits of the employment; (3) whether the action was in furtherance of the employer’s business; and (4) whether the conduct, though unauthorized, was expectable in view of the employee’s duties.
While there is no doubt that the teacher was carrying out their duties by teaching, it cannot be said that the school expected that the teacher would choke your son! Nor could it be said that such an action was in furtherance of the school's business of teaching students.
Indeed, under this legal doctrine, an employer is not typically (with very, very limited exception) liable for the INTENTIONAL tortious acts of its employees, like a battery of a student. Intentional torts are things where a person who meant to cause the injury caused the injury. Here, the teacher made the decision to choke your son and intentionally carried out the act.
Thus, while the teacher is most certainly liable, the school is not.

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