Can you sue a child who accidentally injured your child at school?

Filing a lawsuit against a child not only sounds weird but it’s also highly likely that it would lead anywhere. A child cannot be held responsible the same way an adult would. On the other hand, you may have a case of negligent supervision, like Steven Choi mentioned, since all the children are under the care of the school and therefore, the school's responsibility. You should review the school policies, and consult a local personal injury attorney with expertise in education law for guidance tailored to your situation. Laws can vary, so legal advice is essential. Always remember to document the injuries sustained by your child, the date of the accident, witnesses, and any other pertaining information relevant to your child’s case. Best of luck.

02/01/2024

In addition to a claim made against the responsible child, you should consider a claim against the school for negligent supervision. Our law firm represented a young child who was seriously injured while hanging from monkey bars when another child pulled him down. We did not sue the other child but sued the school for negligent supervision. We discovered that the teacher who was supposed to be watching the children was instead eating his lunch on a bench quite a distance away. The school ended up paying a substantial settlement.

05/23/2020

In a negligence action, the standard of care owed by a child is only as great as that found with a child of "like age, experience, and intelligence."  Daun v. Truax, 56 Cal.2d 647, 655, 16 Cal.Rptr. 351, 356 (Cal., 1961).  Based on this standard of care, you can see how difficult it would be to prevail with a negligence action against the young classmate.  Collecting would be an even greater challenge without proving an intentional tort.  Thrifty-Tel, Inc. v. Bezenek, 54 Cal.Rptr.2d 468,476, 46 Cal.App.4th 1559 (Cal.App. 4 Dist., 1996).

12/22/2009