Broken Thumb from Getting Kicked at School...

by Anonymous
(USA)

My son was at school when a girl kicked him and broke the main bone in his thumb. Now he has to have surgery to repair the damage. The girl was suspended for 2 days, meanwhile my son needs surgery.

The school principal told the girl that it was okay because my son had said something to her that was not nice and kicked her foot, but there was no bruise on her. Who is responsible for this and can my son get compensation for his surgery? Thank you.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Broken Thumb from Getting Kicked at School...":

Anonymous (USA):

If the children were minors, most states will hold the parents of the children liable for injuries their children may have inflicted upon others.

If there exists credible evidence your son kicked the girl first, then her response may have been entirely appropriate as a form of self-defense. It isn't necessary that the girl be bruised. If it can be established by verification from other children your son struck first, then any thoughts of a legal action would be inappropriate.

If there exists credible evidence your son struck first and the girl defended herself, then neither the school nor the girl's parents will be liable for your son's injuries and his resultant medical costs.

If there exists credible evidence your son struck first and the girl defended herself, you would probably be placing your son's reputation in jeopardy for wanting to sue a girl because she kicked him back after he kicked her.

If that's the case you and your son would probably be best served by moving on.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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