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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son who is 16 was getting on his schoolbus and took a

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my son who is 16 was getting on his schoolbus and took a drink before he got on and the driver said you cant get on with a drink ,my son replied im not throwing it away and got on the bus told the driver he was putting it in his backpack and sat down ,said
to his friend "what was that all about" and then was told by driver get off the bus now. he had to walk 7.3 miles home in 90 degree weather with asthma and allergies on the worst pollen day and the rt home only has partial sidewalks so he walked in tall grass.
He called me out of breath and i told him to stop and rest.when he stopped he pulled 3 ticks poff of his leg and I have a case against the bus company?
Submitted: 2 years ago.
Category: Family Law
Expert:  Best Attorney replied 2 years ago.
Hi. My name is***** an attorney and I'm happy to help.
There are a few things going on in the facts you describe. One, your child has a medical condition, two he was asked to get off of the bus and three he was asked to get rid of the drink.
The best answer will involve some clarification. Do you know the policy regarding drinks on the bus? If not, that is your first step. Find out if drinks are prohibited altogether or just open containers. Ask for a written copy of the bus "rules" and confirmation that they were provided to each student, specifically your son.
My next question would be whether or not your son told the bus driver he had asthma or if the school district was aware?
Finally, what is the transportation policy if in fact a rule is broken? Is the student allowed to be asked to just get off the bus. I am almost certain, the answer to that is no. It is a major safety issue, if so.
Based on the facts you have shared, I think there is a good possibility that the bus driver, bus company and school district share some type of fault. The question is to what degree and that can be answered more accurately based on the additional questions I posed. As far as what remedies you might have, that depends. If your son suffered some type of actual physical injury, there may be monetary damages available. If not, at the very least the bus driver/company should be held accountable and disciplined.

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