How do you prove liability in a bullying lawsuit?

| Mar 21, 2020 | Bullying |

Most children experience teasing and arguments with their peers at some point in their lives, but what happens when the behavior escalates into bullying and your child becomes physically or emotionally scarred? These incidents happen in almost every level of schooling and the National Center for Biotechnology Information reports that nearly 30 percent of children endure bullying at least once every school year. 

If you plan to build a lawsuit on behalf of your bullied child, properly naming the liable parties may help you avoid delays and lessen your burden of proof if the case goes to trial. 

Gather information from involved parties  

Speaking to the bullied child may give you insight into the problem and shed some light on how the abuse began. If the child fears revealing information because the bully threatened him or her with violence, visiting your child’s school could provide you with further information. If the school’s staff becomes aware of the bullying but does nothing to stop it, you may name the district as liable in your child’s lawsuit. 

Speak with the bully’s parents  

Your child’s school may have anti-bullying rules and policies in place and if another student breaks them, responsibility may fall on his or her parents. Speaking with and informing them of your intent to sue may not cause them to admit guilt or blame their child but could help you feel more confident about their liability in the case. 

Children often bully for reasons of insecurity, to purge feelings of frustration or to gain popularity among their like-minded peers, but those who are slow to act or negligent in reporting such behavior may be liable for damages.