When a child suffers an injury at school due to another student’s actions, questions of legal responsibility may arise. Depending on the circumstances, multiple parties, including the school, school administration, and the parents of the offending student, may bear liability.
The legal remedies available vary depending on whether the injury occurred at a public or private school and whether negligence or intentional misconduct contributed to the harm.
Stone Rose Law represents the legal interests of children who have been injured by their fellow students at school. In this post, we discuss who can be held legally responsible when your child is injured at school by another student, and what the possible legal remedies are, including making a personal injury claim for serious injuries.
If you have any questions after reading this article, then call Stone Rose Law at (480) 631-3025 to speak with an experienced personal injury attorney about your child’s injuries.
Potential Legal Theories of Student-on-Student Liability
Schools in Arizona have a duty to exercise reasonable care to protect students from foreseeable harm while they are on school grounds or attending school-sponsored activities (Jesik v. Maricopa County Cmty. Coll. Dist., 1980). Breach of this duty to maintain a safe environment may give rise to liability in negligence.
Litigation against public schools may be complicated by statutory immunities provided under Arizona law (ARS 12-820.01). By contrast, private schools are generally not shielded by sovereign immunity, although liability limits may apply if the school is operated by a nonprofit or religious organization.
Common Causes of Student-on-Student Injuries
Student-on-student injuries may occur either unintentionally, through negligent conduct, or intentionally, through aggressive acts. Examples of intentional misconduct include bullying, assault, harassment, or other willful acts of aggression.
Injuries frequently seen in these contexts include:
- Cuts, bruises, and lacerations
- Bone fractures and broken bones
- Traumatic brain injuries (TBIs)
- Sprains and strains
Liability of the School
Arizona courts recognize that schools have a duty to supervise students and to act reasonably to prevent foreseeable harm (Murray v. Tucson Unified Sch. Dist., 1991). To establish a negligence claim against a school, a parent must demonstrate:
1. The school owed a legal duty of care to the student (Dinsmoor v. City of Phoenix, 2021).
2. The duty was breached by unreasonable conduct, like inadequate supervision by school staff or prior knowledge of the offending student’s prior incidents of aggressive behaviors.
3. The student suffered harm.
4. The breach of duty was the proximate cause of the harm.
School negligence claims may arise from negligent supervision (Warrington v. Tempe Elementary Sch. Dist., 1996), failure to respond to known threats of violence, inadequate implementation of safety procedures (ARS 15-341(A)(16)), or insufficient staff training in supervision and conflict resolution.
Public School Liability
Public schools and their employees benefit from certain statutory immunities under Arizona law (ARS 12-820.01). However, immunity is not absolute. Claims may proceed where the challenged conduct falls outside protected discretionary functions or where gross negligence is alleged (Ryan v. State, 1982).
Parents considering claims against a public school must be mindful of procedural requirements. Arizona law requires a Notice of Claim to be filed within 180 days of the incident (ARS 12-821.01). Thereafter, any lawsuit must be filed within one year (ARS 12-821).
Private School Liability
Private schools owe students the same duty of reasonable care as public schools. They are not protected by sovereign immunity, though liability limitations may apply to nonprofit or religious institutions.
Claims against private schools are generally governed by ordinary negligence standards and must be filed within two years (ARS 12-542).
Liability of Parents or Guardians
Although minors can technically be named as defendants in civil lawsuits, claims are generally directed against their parents or legal guardians.
Arizona’s parental responsibility law provides that parents may be held liable under strict liability when their minor child (under 18) willfully or maliciously causes physical injury or property damage. Such liability is capped at $10,000 per act (ARS 12-661).
This statutory liability does not extend to accidents or negligent conduct, only malicious or willful misconduct applies.
Damages Recoverable
The type and extent of damages available under Arizona personal injury law depend upon the defendant.
- Claims against a school: Parents may seek recovery of medical expenses, counseling and therapy costs, educational support or accommodations, lost parental wages, and long-term care needs where negligence is established (Jesik, 1980).
- Claims against parents of the offending student: Recovery is limited by statute to actual economic damages, such as medical expenses or property loss, capped at $10,000 per act (ARS 12-661). Non-economic damages, such as pain and suffering, are excluded.
Alternative Legal Remedies
Not every legal remedy arises in tort. Other potential avenues include:
- Filing a formal complaint with the Arizona Department of Education regarding violations of school safety obligations (ARS 15-253).
- Filing a civil rights complaint with federal or state agencies, including claims under Title IX (20 USC 1681).
- Pursuing claims under school district or homeowner’s insurance policies.
- Seeking an injunction against harassment or restraining order (ARS 12-1809).
- Requesting a school transfer for safety reasons.
Practical Considerations for Parents
Parents who learn that their child has been injured by another student should:
- Seek immediate medical attention and preserve all medical records.
- Contact an attorney experienced in school injury cases.
- Notify school administrators in writing and request an incident report.
- Document injuries, witness accounts, and related expenses.
If Your Child Was Injured at School, Contact Stone Rose Law
Arizona law provides several potential avenues of pursuing legal action when a student is injured by another student at school. Claims for your injured child may be directed against the school, subject to limitations on sovereign immunity for government entities and procedural requirements, and/or against the parents of the offending student under ARS 12-661.
The personal injury attorneys at Stone Rose Law assist parents in navigating these complex legal issues and seeking compensation. We preserve critical evidence, handle communications with school officials and insurers, and ensure compliance with all statutory deadlines, including the 180-day Notice of Claim requirement for public schools.
To discuss your child’s case, contact Stone Rose Law at (480) 631-3025 or use our contact form to set up a free consultation with an experienced Arizona school injury attorney.
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