My son was in a fight in a detention room at school when the teacher who was supposed to be watching the kids in the room left for ten minutes to smoke a cigarette. The thing is my son and this other kid were in detention because they had been yelling at each other in class during the day. My son had also been bullied by this kid in the past and the teacher knew about this because it happened in her class. My question is whether I can sue the teacher under Massachusetts law. My son suffered injuries and required stitches and he was terribly embarrassed when the other kids in the detention room witnessed the beating and then mocked him. Thanks for your help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Teacher liability for negligence in MA
Given the circumstances you have described in your question, you should certainly talk to a Massachusetts personal injury attorney on behalf of your son. Teachers are like any other party, and teachers can be found liable for their negligence and be required by a court to pay damages to an injured part. As in any other law suit for personal injury, the outcome will depend on whether the teacher breached his duty of care toward the injured party, your son. When you talk to your attorney, she will likely discuss with you the possibility of suing the school as well under a theory of vicarious liability. I cannot predict the outcome of any lawsuit, of course, but this seems like the type of case that all parties would seek to settle quickly. I hope your son is feeling better.