In a recent Massachusetts case a Superior Court Judge ruled that under the law in this state school officials may have a duty to protect students from bullying.
The case involved a middle school student who was constantly being verbally and physically bullied by a group of students and was eventually injured in an assault by the group of bullies. The student and his parents filed a law suit against the school officials. The lawyer representing the student and his family brought a claim stating that the failure of the school officials to intervene and try to prevent the bullying violated the boy's right to due process and safety protection guaranteed by the Massachusetts Declaration of Rights found in the Massachusetts Constitution.
The Judge made a finding that under certain circumstances, when the neglect of school officials behave in a manner which is so negligent that it would "shock the conscience" a cause of action on behalf of the victim could be appropriate.
Bullying of our children in school has become a serious problem. The children and families of bullied children may have legal rights if school officials do not act in the face of extreme circumstances. If your child has been physically assaulted and injured while in school you may have rights and may be able to collect financial damages for the injuries suffered by your child.
Please do not hesitate to contact the firm of Alford & Bertrand, LLC at 888-361-1693 if you are faced with this kind of a problem.
