While no victim of abuse or mistreatment is ever to blame for their experience, individual abusers are not necessarily the only ones who could hold civil liability for causing injuries, especially if the abuse in question occurred within a school setting and involved a teacher or school employee.
If your child was harmed in an avoidable incident while at school or participating in a school-sponsored event, consider speaking with a Los Angeles school negligence lawyer from our team about whom you might have grounds to file suit against. In many cases, a skilled attorney can help victims and their families demand restitution not just from a single abusive faculty member but also from school principals, administrators, and even entire school districts. Contact The Cifarelli Law Firm today to schedule a consultation and learn more.
What Is Vicarious Liability in Personal Injury Litigation?
There are certain circumstances under which school administrators and districts would not be liable for abuse committed by one of their employees—for example, if that employee only engaged in abuse off of school grounds and did not target children at their school. However, if a teacher or faculty member grooms, molests, assaults, or otherwise engages in physically inappropriate behavior with children while working or while on school property, school administrators may hold vicarious liability for their employee’s misconduct.
This is possible thanks to a legal doctrine known as respondeat superior, a Latin phrase translating to “let the master answer.” As a Los Angeles school negligence attorney could further explain, this doctrine holds that, because employers are responsible for ensuring they hire qualified personnel and then supervising these employees at work, they are responsible for an employee’s negligent or unlawful acts while working, even if they themselves did not do anything negligent or unlawful.
Proving School Authorities Are Liable for Sexual Abuse
In addition to vicarious liability as described above, school administrators and districts may hold direct liability for abuse affecting their students if they facilitated it through their own reckless or careless management decisions. Examples of legally actionable school negligence include:
- Failure to conduct background checks on new hires to identify a history of inappropriate or unlawful behavior
- Failure to ensure students were adequately supervised by multiple trustworthy adults while on school grounds or participating in school-sponsored events
- Substandard security measures on school grounds
- Lack of training for employees to recognize and properly report sexual misconduct
- Failure to take reports of sexual abuse seriously or to report suspected abuse to the appropriate state authorities
Our school negligence lawyers in Los Angeles could review the circumstances surrounding your child’s experience and help identify exactly what went wrong, as well as who should be held civilly liable as a result.
Speak With a School Negligence Attorney in Los Angeles Today
Learning your child has been subjected to abuse or mistreatment can be an intensely upsetting experience, regardless of who actually committed the abuse. However, learning that your child’s school could have done more to protect them from harm can be outright infuriating, making it more difficult to proactively protect your child’s best interests through comprehensive civil litigation.
You have support available with establishing exactly who is responsible for the harm your child suffered and making sure they pay for every negative effect their misconduct will have on your family. Reach out to our team at The Cifarelli Law Firm today to schedule a meeting with a Los Angeles school negligence lawyer.