School bullying takes many forms, from name calling and harassment to internet and cyber bullying. In many cases, cyber bullying can be even worse than physical bullying because of the anonymity and breadth associated with it. Cyber bullying may come in many forms, such as malicious online messages, harassment, sharing private or indecent photographs, or posting false information in a public forum.

Under California law, parents can be civilly liable – and in some cases criminally liable – for their children’s bullying, depending upon how far the bullying goes. If your child has been a victim of bullying at school, the bully’s parents may be liable for any damages sustained or injuries incurred. Our Huntington Beach personal injury lawyers have the legal knowledge and skills necessary to confront school bullying head-on and to hold the proper parties accountable.

California Parental Responsibility Laws

California’s parental liability laws hold parents liable for the willful misconduct of their minor children. Specifically, the California statute states as follows:

Any act of willful misconduct of a minor that results in injury or death to another person, or in any injury to the property of another may be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.

The California statute also states that the custodial parent or guardian may be held jointly liable with the minor for the minor’s willful misconduct, for an amount not to exceed $25,000 for each wrongful act. While this $25,000 limit can include compensation for medical bills and treatment, it cannot include compensation for non-economic damages like pain, suffering, emotional distress, or mental anguish.

Definition of ‘Willful Misconduct’

Under the statute, “willful misconduct” means that the minor did something on purpose and requires that the minor child intended to act “beyond the level of mere negligence.”

California law also subjects parents and guardians to potential criminal liability for the acts of their minor children. Specifically, the law requires parents to exercise reasonable care, supervision, protection, and control over their children, and failing to do so can result in a misdemeanor criminal charge and a potential jail sentence.

Parental Responsibility for Injury or Death Caused by a Minor Child

Under California law, a parent may be liable for an injury or death caused by a minor child if both of the following circumstances hold true:

• The parental negligence made it possible for the child to cause the injury.
• The parental negligence made it probable that the child would act in the way he or she did.

Evidence of parental knowledge can be proven by either direct or circumstantial evidence at trial.

Contact a Huntington Beach Personal Injury Attorney Today to Discuss Your Case

School bullying and harassment can have significant short and long-term effects on child victims. Fortunately for victims, it may be possible to obtain compensation for the parents of children who harm others. To discuss your case, contact the experienced Huntington Beach, California personal injury attorneys at The Law Office of Brent W. Caldwell by calling 714-625-8914, or contact us online.

For nine months out of the year, your children spend much of their time at school. It’s natural to be concerned about their safety and supervision while they’re there. In fact, school officials owe a duty of care to every student. Additionally, the law holds that students with special needs are owed an even greater level of supervision.

Supervision Standards

Schools must provide all students with general supervision, which relates to the supervision of groups of children by a specified number of supervising adults (such as at recess). Schools must also provide all students with specific supervision, which relates to the supervision of students who are engaged in activities that would be inherently dangerous without careful instruction (such as a woodworking project). For students with special needs, on the other hand, a school’s standard of care must extend to a more individualized focus on that child’s specific needs. The child’s known special needs, including behaviors and physical limitations, must be factored in when framing the level of necessary supervision for that child.

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act requires that students with special needs who qualify for special education and related services be afforded Individualized Education Programs (IEP) that are tailored to their own needs. If the identified students also have behavioral issues that could interfere with their own or someone else’s education or that could harm them or someone else, those students must also receive a behavioral plan. Each student’s IEP, including the behavioral plan, will guide the professional standard of care that must be upheld for that individual student.

Heightened Level of Supervision

Once established, the heightened level of supervision for children with special needs must be maintained for their own and other students’ safety. Put simply, schools have a higher duty of supervision for students with special needs. If your child was harmed at school due to a lack of adequate supervision on the school’s part, first seek immediate medical attention for your child and then consult an experienced personal injury attorney with expertise in school negligence cases.

IF Your Child Was Harmed Due to School Negligence, Contact a Qualified Huntington Beach Personal Injury Lawyer Today

If a lack of adequate school supervision has harmed your child, the Law Offices of Brent W. Caldwell can help. Brent Caldwell understands school negligence cases, and he has the commitment and expertise to fight for justice for you and your child. To schedule a consultation with one of our experienced personal injury lawyers, call our office today at 714-625-8914 or send us an email through our online contact form.