Protecting Children from Abuse in Schools: Legal Avenues for Families

A school should be a safe environment in which a child learns. To some extent, schools have a legal responsibility to provide for such an environment. Part of this duty may involve taking steps to guard against bullying and other such forms of abuse. That’s not to say children are never the victims of abuse at school. If this has happened to your child, be aware that you may have legal options in these circumstances.

The Harmful Effects of Bullying and Abuse in School

Bullying and other forms of abuse that schoolchildren and older students may face aren’t minor struggles. Research indicates that students who are the victims of bullying or abuse may be more likely than others to struggle with poor academic performance, mental health issues, and various other challenges. In some cases, bullying and abuse in the school environment can drive students to take their own lives.

These are critical reasons schools must be proactive about stopping bullying and abuse in their tracks. If your child and your family have faced the consequences of a school’s failure to live up to this responsibility, you may be eligible to file a claim or lawsuit seeking compensation for relevant losses.

Potential Compensation Available in a School Bullying or Abuse Case

The compensation that a family might seek when taking action against a school for failing to protect their child can vary depending on the nature of the losses and struggles that resulted from said abuse.

For example, maybe a child was physically harmed in a bullying incident. If they sustained injuries requiring medical treatment, the child’s family could theoretically seek compensation for said treatment.

Or, perhaps a child is the victim of ongoing abuse or bullying. This may cause them to develop mental health issues requiring treatment or therapy. The cost of said treatment or therapy is another example of a loss for which compensation might be available.

Tragically, some school bullying and abuse cases result in death or suicide. When this happens, surviving loved ones (such as parents) can file wrongful death claims or lawsuits to seek compensation for medical bills, funeral expenses, and intangible losses, like the emotional pain of losing a child.

Factors to Consider When Holding Schools Accountable for Bullying and Abuse

The fact that bullying or abuse has occurred in a school setting is not enough to ensure that justice will be served in the form of civil litigation – an experienced attorney will investigate the relevant facts and circumstances, to determine whether the negligence a supervisory person or entity caused the harm. The following are critical factors that may influence whether there is a viable case:

• The duration of the bullying or abuse
• The severity of the abuse
• What types of acts or behavior the abuse involved
• Whether any content related to the abuse or bullying was posted on social media
• Whether the abuse or bullying occurred because the school failed to take reasonable steps to prevent it
• Whether school officials, teachers, or other such figures reasonable should have been aware abuse was happening
• Whether a victim reported their concerns in any capacity
• Whether a victim sustained losses for which compensation may be available
• Whether the school took steps to remedy the issue (as the law generally requires schools to attempt to keep students safe, while acknowledging that school workers can’t thoroughly control student behavior)

The goal is to determine whether there is evidence showing that a school neglected its duty, and that a student suffered the consequences as a result of the school’s failure. Evidence that may play a vital role iin these types of cases can range from eyewitness testimony to medical bills for injury treatment.

It’s also important to consider that other students aren’t necessarily the only ones who may perpetrate abuse. Teachers and other adults who work for the school may also abuse or bully students in various capacities. When they do, the school is often liable, as it’s the school’s responsibility to hire employees who will treat all children at the school appropriately and with respect.

Get Help With a School Abuse Case

Do you think you have grounds to file a claim or lawsuit holding a school accountable for bullying or abuse your child experienced? If so, it’s worth noting that building a case like this requires gathering evidence of negligence while also thoroughly documenting your compensable losses.

These are complex tasks. They’re also not tasks you need to handle on your own. At Swartz & Swartz, PC, a Boston child school abuse lawyer can take on your case while you focus on other priorities during this challenging time. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900 for a free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.