Many schools recently have taken a stand to stop bullying and prevent school shootings and stabbings. When these policies are in effect, who takes legal responsibility if the policies fail? Is bullying even illegal? What happens when the anti-bullying policies fail so miserably that students and faculty are injured by a student who completely loses it and looks for revenge via a weapon? As a parent, you may be concerned with how to approach a lawsuit with your child's bully or the school that fails to protect your child. A personal injury attorney can help.
First Things First--Policies Are Laws
In forty-six states anti-bullying policies in schools are not just policies--they are LAW. That means that schools agree to prevent bullying and protect students in a legally binding contract and bullying IS illegal. If a school fails to protect children from bullies, it means that parents can pursue a course of action through the school system to rectify the situation. When the situation remains unresolved, then a parent can sue. Because physical and psychological harm occurs to the victims of bullying, you can hire a personal injury lawyer to defend your case.
Suing a Bully's Family Directly
Sometimes having a tete-a-tete with the bully's family can be very enlightening. You may discover some home conditions that contribute to why your child is being bullied. Although it may help to understand the bully's background and may even help decrease the behavior a little by involving the bully's parents, it probably will not stop the behavior entirely. Suing the bully's family is often a last resort because you could be contributing to a hostile school environment for your child and the bully, which many schools and states have laws against as well.
Suing for Damages from a School Shooting or Stabbing
When an anti-bullying policy fails miserably, or faculty fail to prevent, stop and/or report bullying and a student ends up shooting or stabbing people, you can sue the school outright. You do not need to go through the school channels to resolve the problem because, obviously, the problem has already resulted in a catastrophe that has affected your family. You may also be able to sue the family of the student who brought the weapon to school, but most lawyers would advise against it, especially if that student committed suicide after injuring others. Specific teachers that failed to report the bullying behavior leading up to the tragedy can be sued separately from a lawsuit with the school if you have substantial evidence proving that those teachers did nothing to derail the major event.
For more information, speak to a personal injury attorney, like those represented at http://gomezmaylaw.com/.
