Bullying is a serious and persistent social problem. Forty nine states in the U.S. have passed anti-bullying laws, and across the country at a state, federal and local level authorities are developing programs which raise awareness and aim to reduce the prevalence of bullying. Though to date there have been relatively few lawsuits decided in relation to bullying claims, new anti-bullying laws are being introduced and lawsuits being filed around the country in this evolving area of the law. If your child or adolescent has sustained illness or injury as a result of bullying at school, in foster-care or elsewhere, speak to the attorneys at O’Hare Parnagian LLP to learn if you have a viable claim for damages.
Bullying is defined as a physical, verbal, or social abuse which involves a power imbalance, and is repeated, or has the potential to be repeated, over time. 2 Children who are bullied may develop serious, lasting problems. They are at risk of physical injury, emotional abuse and development of emotional conditions which affect their happiness, self-esteem, and ability to perform at school and in their extra-curricular activities. Bullying victims are at an increased risk of self-harm, choosing to discontinue their education or, in a worst case scenario, committing suicide (wrongful death).
In July 2013, the State of New York passed anti-bullying legislation requiring public schools to protect students from harassment, physical, emotional and cyber-bullying. Under federal law public schools are also required to stop and prevent discrimination to its students based upon the race, gender, color, religion, nationality and disability.
Schools are responsible for students’ safety while they are at school and are required to protect and nurture their students’ wellbeing. If a school was on notice of the bullying a student was subjected to, but failed to take sufficient action to protect the student or take disciplinary action against the abusers, they may be liable for financial damages based on the conduct of the school’s guidance counselor, psychologist, social worker, teachers, and administrators, as agents of the School District. If a child’s school, foster parent or other guardian fails to protect the child or are deliberately indifferent to bullying and harassment where the bullying is so severe it deprives the student of health and educational opportunities the child may be entitled to monetary damages.
If your child has been the victim of bullying or cyber bullying and you believe you have grounds to hold the school or institution liable for failing to protect your child, speak to the attorneys at O’Hare Parnagian LLP. The experience of the New York bullying attorneys at O’Hare Parnagian LLP will provide you with the very best in dedicated and personalized legal representation. We know injuries to your child, or a devastating wrongful death are traumatic and stressful and we are here to help you. Meet with us and you will come to know our aggressive yet compassionate attorneys, skilled in discussing difficult and sensitive matters with victims, parents, children and families. No matter the severity or the type of injury, the experienced attorneys at O’Hare Parnagian LLP have seen and dealt with almost everything. We will thoroughly investigate your claim, identify the negligent parties, bring a lawsuit for the protection of your child’s interests, pursue your case vigorously, build the strongest case possible and achieve the best possible outcome in your case while holding all responsible parties accountable.
Because the law limits the time in which you can bring a claim, you should contact us immediately to investigate your case. Sometimes filings must be made within 90 days of the injury.
Call us at 212.425.1401, or contact us online to set up a consultation to discuss your legal options. One of our attorneys will respond to you within 24 hours.
2 Bullying Definition, http://www.stopbullying.gov/what-is-bullying/definition/index.html