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At Nelson Barry, We Take Bullying Seriously: How To Protect Yourself and Your Family

There are a number of high-profile campaigns emerging regarding anti-bullying and keep kids safe from harm during the school day. However, few parents consider the possibility of a personal injury lawsuit on behalf of their children for injuries sustained as a result of school yard violence. When children enter the school building, teachers and administrators are charged with caring for and protecting each student from unreasonable risks of harm. The doctrine, known as parens patriae, requires schools to implement the necessary precautions to prevent bullying and mitigate violent situations. If your child or loved one has been severely injured due to the acts of other students, we encourage you to contact us today.

How a Personal Injury Lawsuit Can Help Deter Bullying

Under the law, each of us has the right to be free from unwanted touching or the fear of imminent force of violence. When a person fails to honor these rights, he or she has committed battery or assault, respectively. Bullying in today’s society can take any number of forms from traditional taunting to cyber bullying and harassment. Regardless of whether the threats or injury occur over social media or in the school cafeteria, the conduct is wrong and must be taken into account.

In California, there exists a set of causes of action known as intentional torts. These include assault and battery, as mentioned above, and can result in an award of money damages to help the injured victim feel “whole” again. A civil lawsuit cannot punish the perpetrator beyond that of a civil financial judgment and parents are encouraged to involve local law enforcement in order to seek criminal justice.

When filing a lawsuit involving bullying, parents and children must determine which defendants to name as responsible for the injuries. With cyber-bullying, defenses abound regarding the proper identification of the perpetrator as it is so easy to hack into another’s account and represent oneself as that person over the web. Identifying the perpetrator in a direct attack is much easier, however it also begs the question as to whether the school, teachers or administrators should be held accountable for the actions of the bully. If certain professionals were aware of the violence or threats and did nothing to protect the child, those people may be liable as well.

Handling the Aftermath of the Ultimate Tragedy

Recent news reports have shed light on the tragedy that is high school bullying followed by a suicide attempt. In some cases, children feel so taunted, unloved and unworthy that they believe suicide is the only way out. If successful, parents and loved ones could be left behind wondering “what’s next?” In this situation, as painful as it may be to relive the memories, a wrongful death lawsuit may help ease the financial stress of the experience.

Contact a Reputable Personal Injury Attorney Today

If your child is facing repeated, unprovoked threats or instances of violence, this is unacceptable and should not be tolerated. To speak to an attorney about your civil rights, contact Nelson C. Barry today.

There are a number of high-profile campaigns emerging regarding anti-bullying and keep kids safe from harm during the school day. However, few parents consider the possibility of a personal injury lawsuit on behalf of their children for injuries sustained as a result of school yard violence. When children enter the school building, teachers and administrators are charged with caring for and protecting each student from unreasonable risks of harm. The doctrine, known as parens patriae, requires schools to implement the necessary precautions to prevent bullying and mitigate violent situations. If your child or loved one has been severely injured due to the acts of other students, we encourage you to contact us today.

How a Personal Injury Lawsuit Can Help Deter Bullying

Under the law, each of us has the right to be free from unwanted touching or the fear of imminent force of violence. When a person fails to honor these rights, he or she has committed battery or assault, respectively. Bullying in today’s society can take any number of forms from traditional taunting to cyber bullying and harassment. Regardless of whether the threats or injury occur over social media or in the school cafeteria, the conduct is wrong and must be taken into account.

In California, there exists a set of causes of action known as intentional torts. These include assault and battery, as mentioned above, and can result in an award of money damages to help the injured victim feel “whole” again. A civil lawsuit cannot punish the perpetrator beyond that of a civil financial judgment and parents are encouraged to involve local law enforcement in order to seek criminal justice.

When filing a lawsuit involving bullying, parents and children must determine which defendants to name as responsible for the injuries. With cyber-bullying, defenses abound regarding the proper identification of the perpetrator as it is so easy to hack into another’s account and represent oneself as that person over the web. Identifying the perpetrator in a direct attack is much easier, however it also begs the question as to whether the school, teachers or administrators should be held accountable for the actions of the bully. If certain professionals were aware of the violence or threats and did nothing to protect the child, those people may be liable as well.

Handling the Aftermath of the Ultimate Tragedy

Recent news reports have shed light on the tragedy that is high school bullying followed by a suicide attempt. In some cases, children feel so taunted, unloved and unworthy that they believe suicide is the only way out. If successful, parents and loved ones could be left behind wondering “what’s next?” In this situation, as painful as it may be to relive the memories, a wrongful death lawsuit may help ease the financial stress of the experience.

Contact a Reputable Personal Injury Attorney Today

If your child is facing repeated, unprovoked threats or instances of violence, this is unacceptable and should not be tolerated. To speak to an attorney about your civil rights, contact Nelson C. Barry today.

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