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Can somebody sue over a fight at school?

  • My friend's 12 year old son broke another kid's nose at school and he's worried about being sued. Camera and witnesses prove that he was attacked first, but he's been suspended indefinitely pending an investigation because he kicked the other kid in the face and caused "serious injury".

    Big Ten Referee ●

  • I'd pat your son on the back, have a beer and call it a day.

    YouDoubleJack

  • Absolutely. He gone.

    Drugs Delaney

  • Big Ten Referee said...

    My friend's 12 year old son broke another kid's nose at school and he's worried about being sued. Camera and witnesses prove that he was attacked first, but he's been suspended indefinitely pending an investigation because he kicked the other kid in the face and caused "serious injury".

    Yes he can. Will it succeed based on evidence? I don't think so. Your friend needs to get a lawyer asap.

    signature image

    12177 Post before moving here. 10/29/11 will live forever in our hearts (plus 50 votes in the last 3 hours)

    tJYD ●

  • yes, you can always sue somebody for any reason at anytime. Now finding a laywer that would take the case and actually winning is a whole nother ball game.

    The smart answer is to sue the attacker first for attacking your friends kid because him defending himself got him suspended. And sue the school as well, they should have done a better job at keep the kid safe.

    This post was edited by Duke Silver on 4/18/2012 at 5:52 PM

    Duke Silver

  • probably going to depend on the specific act of kicking someone in the face. if the other kid was down turtling, he gone. if it was defensive, then he might get by.

    i have to admit, even back in the old days i never saw anyone get kicked in the face in a fight, although there were epic punches on occasion. lol

    Turf

  • Duke Silver said...

    yes, you can always sue somebody for any reason at anytime. Now finding a laywer that would take the case and actually winning is a whole nother ball game.

    The smart answer is to sue the attacker first for attacking your friends kid because him defending himself got him suspended. And sue the school as well, they should have done a better job at keep the kid safe.

    In which state do you practice law?

    Drugs Delaney

  • Somewhere in america, there is a dad with a kid with a broken nose going "good learning experience, son. Don't start a fight you can't finish" then sipping a Busch.

    All Ages Shows ●

  • Drugs Delaney said...

    In which state do you practice law?

    I'm not exactly a licensed, praticing, professional attorney. Though I am an unlicensed, non-praticing, Amateur attorney. In the State of Michigan, my office is located just off campus near Kohlers print shop. Not giving exact address for obvious reasons.

    Duke Silver

  • Big Ten Referee said...

    My friend's 12 year old son broke another kid's nose at school and he's worried about being sued. Camera and witnesses prove that he was attacked first, but he's been suspended indefinitely pending an investigation because he kicked the other kid in the face and caused "serious injury".

    does your friends kid go to tJYD school? Is he in any gangs?

    Duke Silver

  • I'm hoping to see the video. He was apparently sucker punched while trying to walk away and he just turned around and roundhoused the kid in the face.

    He's a ginger kid and gets picked on occasionally. I have no doubt that mom will freak out and put him in private school.

    Big Ten Referee ●

  • over a broken nose? Its not like he put him in the hospital for 3 weeks

    RIP tRCMB

    MR Universe19299

  • Duke Silver said...

    yes, you can always sue somebody for any reason at anytime. Now finding a laywer that would take the case and actually winning is a whole nother ball game.

    The smart answer is to sue the attacker first for attacking your friends kid because him defending himself got him suspended. And sue the school as well, they should have done a better job at keep the kid safe.

    this is terrible advice, do not listen to any of it.

    but yes, he can be sued.

    Potato Cakes

  • Big Ten Referee said...

    he was attacked first

    he kicked the other kid in the face and caused "serious injury".

    Something's not adding up here. This doesn't sound like self-defense. Or, at least, what may have started briefly as self-defense sounds like it turned into serious violence by your friend's kid.

    Madison Spartan

  • Potato Cakes said...

    this is terrible advice, do not listen to any of it.

    but yes, he can be sued.

    I was being sarcastic.

    To the op dont have your friend sue the school.

    Duke Silver

  • Madison Spartan said...

    Something's not adding up here. This doesn't sound like self-defense. Or, at least, what may have started briefly as self-defense sounds like it turned into serious violence by your friend's kid.

    Probably why they are "investigating". I didn't know what to tell him.

    Big Ten Referee ●

  • Yes he can be sued. Possibly even successfully. Why wouldn't he be able to? School doesn't give you immunity. Lol

    "People don't care how much you know until they know how much you care." - Mark Dantonio.

    JMSparty08 ●

  • Duke Silver said...

    I was being sarcastic.

    To the op dont have your friend sue the school.

    But that was the $moneyball$! They saw Bully the movie. They did nothing!

    signature image signature image

    FORKS DOWN!!!

    Black Dutch

  • JMSparty08 said...

    Yes he can be sued. Possibly even successfully. Why wouldn't he be able to? School doesn't give you immunity. Lol

    fights should be like sex. if they are consensual you know what the consequences may be and you need to live with them

    RIP tRCMB

    MR Universe19299

  • Duke Silver said...

    yes, you can always sue somebody for any reason at anytime. Now finding a laywer that would take the case and actually winning is a whole nother ball game.

    The smart answer is to sue the attacker first for attacking your friends kid because him defending himself got him suspended. And sue the school as well, they should have done a better job at keep the kid safe.

    no
    According the the Law of Torts you cannot successfully sue anyone for any reason at anytime---Palsgraf v Long Island Railroad.
    What you mean is that a complaint can be filed against anyone for almost anything. But a complaint is not a successful lawsuit.
    Assault and Battery are intentional torts. Awareness that he would be harmed if he did not strike the other boy is not a defense; however, consent is. So long as the other witnesses can verify that both boys appeared ready to fight through some kind of customary action, eg putting up their hands, etc, then the defendant can argue that they both intended to fight. The hockey equivalent would be dropping gloves. The football equivalent is playing a sport where contact is expected and permitted.

    Diodotus

  • Big Ten Referee said...

    My friend's 12 year old son broke another kid's nose at school and he's worried about being sued. Camera and witnesses prove that he was attacked first, but he's been suspended indefinitely pending an investigation because he kicked the other kid in the face and caused "serious injury".

    Your kids worried about being sued? Why because the kid cried and yelled "My dads gonna sue your dad!" while he ran away?

    manofthewild07

  • Sure. Haven't you seen Judge Judy??

    spartan dawg

  • who teaches their kid the roundhouse?

    thebandit ●

  • Diodotus said...

    noAccording the the Law of Torts you cannot successfully sue anyone for any reason at anytime---Palsgraf v Long Island Railroad. What you mean is that a complaint can be filed against anyone for almost anything. But a complaint is not a successful lawsuit. Assault and Battery are intentional torts. Awareness that he would be harmed if he did not strike the other boy is not a defense; however, consent is. So long as the other witnesses can verify that both boys appeared ready to fight through some kind of customary action, eg putting up their hands, etc, then the defendant can argue that they both intended to fight. The hockey equivalent would be dropping gloves. The football equivalent is playing a sport where contact is expected and permitted.

    I did not say succesfully sue I said sue, and I even said getting a lawyer to take it and actually winning would be a whole other thing.

    Duke Silver

  • My former neighbor was charged with and convicted of assault/battery for punching a kid in the face after the kid spit on him during Gym class. Served 48 hours in Kent County jail. He was only 17 at the time.

    Spartans ATTACK ●

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