Protecting Victims of School District-Related Injury and Death with Aggressive and Compassionate Representation
School violence has become all too commonplace in the twenty-first century. In the past decade, the number of incidents including fights, intentional acts of harm, and school shootings has risen exponentially leading to concerns among districts, educators, and families.
Students are now just as prepared for an active shooter situation as they are for a math quiz. In 2023, there were 346 nationwide school shootings, with 57 victims killed. Of those attacks 25 took place in California, tying the state for the highest number of deadly school shootings in the United States with a victim rate of 2.1 per million.
California school districts have thorough plans and procedures in place at every institution to protect the student body and employees from violence, harassment, and other harmful acts that stem from bullying and may cause catastrophic physical or psychological harm. When these plans and procedures are ignored, and serious injury or death results, school districts, school personnel, and administrators as well as parents can be held responsible and liable for damages.
Every student in Kern County and across California has the right to attend school safely and to enjoy the supportive and engaged involvement of his or her teachers and other school employees. When bullying escalates to serious physical harm trust the Bakersfield personal injury attorneys at Rodriguez & Associates to aggressively advocate for your child’s rights and obtain justice and compensation on their behalf.
What Constitutes Bullying?
Not to be confused with teasing behavior, the California Education Code defines bullying as “any severe or pervasive physical or verbal act or conduct by a pupil or group of pupils, including one or more acts committed by a pupil or group of pupils.” This includes in-person and online behavior, verbal and social bullying, physical violence, stealing, damage to property, expressions of hate, weapon use, sexual harassment, and assault.
In addition to direct physical harm commonly associated with school bullying and violence, studies have demonstrated the serious lasting impacts of bullying on children that can stem from physical, verbal, and sexual attacks:
- Physical: hitting, kicking, spitting, punching, use of weapons
- Verbal: threats, harassment, intimidation
- Sexual: touching, assault, exhibitionism
With the rapid growth and access to technology, cyberbullying plays a role in harassment and crimes of a sexual nature, with the possibility of escalating to dangerous situations. Cyberbullying is an especially pervasive problem, given the nature of anonymity online. California law prohibits the use of technology to harass, threaten, or distribute personal information without consent. If these actions cause injury, the fault may fall on a school if the district distributes the systems or devices used, or if any “acts” take place on school property.
School District and Parental Liability
School bullying is preventable as long as parents and school officials appropriately address concerns and take action to intervene when student or staff behavior presents an issue. Legally, schools are required to act to stop and prevent bullying that can lead to catastrophic outcomes. Identifying and reporting incidents is a key component of maintaining a safe school environment and preventing severe mental and physical harm to a student. If the school district does not act appropriately and provide a reasonable solution, administrators, staff, and the district can be held legally and financially responsible for any damages inflicted upon students.
A Track Record of Protecting Children
At Rodriguez & Associates, we understand the traumatizing aftermath of severe physical and psychological pain, especially in children, and treat each case and client with the respect and compassion necessary to build relationships that promote healing throughout the litigation process. It is our goal to help your family reach justice, heal, and enforce school policy changes that protect current students and generations to come.
Our firm has handled many school-related violence and abuse cases that caused catastrophic injury or death ranging from school shootings to sexual assault. Sensitive by nature, many of these case details remain confidential, others are listed below:
- $11.5 million result was obtained for a case in which a teacher aide sexually assaulted a student
- $3.8 million result obtained on behalf of a high school shooting victim
- $2.35 million result obtained on behalf of a special education student harassed by unsupervised peer
- $2.15 million result was obtained in a case in which a student sexually assaulted another student at school
- $2 million result was obtained for a school bullying incident
In 2022, the Rodriguez & Associates trial team upheld a verdict on appeal in one of the first civil cases brought against a school district for a school shooting. The State of California Court of Appeals upheld the original verdict decided in July 2019, placing 54 percent of the responsibility on the School District for failing to protect their student. The judgment held Taft Union High School District liable for over $2.5 million in damages.
“Our clients come to us at their most vulnerable and weakest moments in life. Being able to help them take strides in a positive direction and help guide them toward resolution is always our priority.”
–Chantal Trujillo, senior partner at Rodriguez & Associates
Rodriguez & Associates Can Protect Your Child’s Rights
Our team is all too familiar with the struggles our underage clients face as they recover from unspeakable injuries including violence and child molestation. These cases are sensitive by nature, and we understand that working with minors requires special tenacity and attention to the emotional needs of our clients. The personal injury attorneys at Rodriguez & Associates go above and beyond to hold those responsible for the negligence that allowed these injuries to occur liable in court.
If your child has been physically or emotionally harmed due to a school’s failure to provide a safe environment for its students, contact us for a free consultation.