Bullying exists in every school. Newburgh and other schools throughout
the Mid-Hudson Valley region are not immune from predators that harm others.
In fact, bullying is a serious issue in our schools throughout the country.
Physical bullying leaves victims seriously harmed and potentially with
long-lasting injuries to their growing bodies. Emotional bullying can
affect a victim’s entire dispositive and attitude to certain issues
growing up. Computers, laptops, cell phones, and social media have also
added another dimension to the means by which one is bullied. No matter
what means are used by a bully, the effects are still the same; physical
injury, emotional injury, social isolation, depression, anxiety, weight
gain or loss, and other injuries can be significant and life-altering.
Experienced Newburgh child abuse and bullying attorneys know you and your
child’s rights. Schools are obligated to intervene and you can force
school administrators to take action. Schools can be civilly liable. Additionally,
civil actions can be brought against the perpetrator(s) based on battery,
assault, and even intentional infliction of emotional distress.
Again, schools are responsible to keep students safe while on school property.
Successfully doing so naturally begins with proper supervision. In fact,
schools have a duty to adequately supervise students. If they breach this
duty and their lack of supervision was the cause of a child’s injuries,
then the school can be civilly liable for the failure to provide adequate
A successful case will hinge upon causation; remember that the injury must
have been caused by a lack of supervision. Additionally, success may hinge
upon the foreseeability of the injury suffered. Informing the school about
the bullying puts administrators on notice that harm is coming to a student
and that similar conduct may follow if left unattended. Courts have held
that any similar future harm would then be foreseeable.
The Court of Appeals case of
Mirand v. City of New York is about children harmed by bullying. The children previously told a teacher
about the bullying. The school also had a security force and a security
plan to deal with bullying. Nonetheless, the victims were not helped.
The school had two forms of notice here; the implementation of a security
plan and security force indicated their knowledge that students needed
protection. Second was the fact that a teacher was informed about the abuse.
In Mirand, if “under all the circumstances, the chain of events that
followed the negligent act or omission was a normal or foreseeable consequence
of the situation created by the school’s negligence”, the
school will be said to have caused the injury. But it is imperative that
the student and/or the student’s parents inform administrators of
the bullying because then the school will be on “notice”.
If the school fails to intervene, liability will arise if the student
is subsequently hurt in a similar fashion.
You can also hold the bully liable through an action in battery. Battery
is intentional harmful or offensive contact with a person wherein serious
injury is caused. If your child is punched, kicked, pushed and is injured
with a broken nose, for example, or a chipped tooth, then a battery most
likely occurred. If the child was not touched, but rather apprehended
imminent harmful touching, an action for assault may be maintained. Finally,
if the right factors are present, even emotional harm can lead to liability.
Our child abuse attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston,
Newburgh where we have offices.
If you or a loved one has been injured in a personal injury accident, please
do not hesitate to contact us by calling 845-340-HURT (4878) or toll free
at 866-440-4452, or by using the
convenient contact form here.