
Few, if any, adults are fortunate enough to be able to say that they’ve never been bullied while growing up. It’s almost as if being bullied is some sort of rite of passage: it’s so common, even those who are bullies seem to have been bullied at some point. However, just because bullying is common, doesn’t mean it’s okay. And, furthermore, with the smartphones kids have in their pockets, social media, and constant access to the internet, bullying is becoming much easier. Unfortunately, it may have devastating, tragic effects on young minds. If your child is experiencing bullying at school, it is important to know that you have options.
Bullying Is Prohibited
Bullying is actually prohibited by Utah legislation. But, in most cases, that doesn’t mean the police will show up at the school and arrest the children who are bullying your child. It does, however, mean that the school has an obligation to prevent bullying. Schools need to take reasonable precautions against all forms of bullying. This is where things get tricky: what is reasonable? Usually, a jury has to decide whether or not a defendant has acted in a reasonable manner. For example, it may be reasonable for a school to install filters that block social media platforms on the school’s electronic devices. However, it is probably not reasonable for schools to install such filters on the students’ personal electronic devices.
The School’s Responsibility
Not only does a school have a duty to prevent bullying, they also have a responsibility to step in when they know bullying is occurring on campus. If school faculty know a student is being bullied, they may need to take measures to separate the students who are involved in order to keep everyone safe. Since bullying can escalate, schools need to be certain that they are taking proactive measures to minimize the offending student’s access to their victim. Though schools should have protocols for reducing bullying, the specific steps they take will likely vary from case to case. What is important, however, is that a school responds to bullying in a prompt manner, and takes reasonable steps to minimize the bullying that is occurring.
When Your Child Is Bullied
If your child tells you that they are experiencing bullying, make sure to take their claims seriously and respond with empathy. Though most people who have been bullied have grown into successful, well adjusted adults, others have not. Tragically, bullying has led too many young children and teens to suicide. For this reason, bullying should always be taken seriously. When your child tells you they’re experiencing bullying, make sure to document everything they say. If you report the bullying to the school, make sure to document all your interactions with the school. Schools likely cannot be responsible for stopping bullying that they don’t know, or cannot reasonably know about.
When Schools Are Liable
Schools can be liable for a bullied child’s injuries in some circumstances. If a school knew, or reasonably should have known, about the bullying, and did not take steps to prevent it, the school may be liable if a bully physically injures the victim. When it comes to holding a school responsible, it will likely come down to foreseeability and reasonable precautions. Both of the aforementioned may have to be decided by a jury. Could the school have foreseen bully’s actions or the victim’s injury? And, if so, did they take reasonable steps to reduce the likelihood the victim would be injured?
Schools and Premises Liability
Schools are also less likely to be held responsible for injuries that have taken place outside of the school campus. However, there are some exceptions. Schools are responsible for making sure their buses and bus stops are safe; if the victim’s injuries were sustained at a bus stop, or on a school bus, the school may still have some liability. The school can also be liable, in some cases, for something that happens off-campus, depending on how much they knew, and what they did in an attempt to stop the bullying. For example, if while they’re in school a student threatens to harm another student on the way home after school, the school may be responsible for taking steps to ensure the threat isn’t carried out.
Take Action
If your child is physically injured at school, you should file a police report and can also look into a personal injury claim against the student who injured them. If the student who injured your child is a minor, you may file a claim against their parents on their behalf for compensation for your child’s injuries. You can also file a claim against the school if you feel that the school has breached their duty of care when they failed to prevent the bullying from escalating to physical injury. If you have concerns about your child and bullying, don’t ignore your concerns. Together, we can all make an impact on bullying.
Liability in the Uvalde Shooting
Liability in the Uvalde Shooting Our firm is committed to educating the public in order to promote safety. When you know better, you do better. On...
How to Be a Good Personal Injury Client
How to Be a Good Personal Injury Client We’ve written so many blogs about what to look for in a personal injury lawyer, how to find a good personal...
Tips for the World’s Safest Pool Party
From a drowning accident attorney Are you thinking about throwing a pool party this summer? If so, you’re probably wondering what you can do to...
5 Ways to Prevent Dog Attacks
You hear it all the time: “He was the sweetest dog; I can’t believe he just randomly attacked my cousin!” It’s a tragic thing from all sides; dog...
5 Safety Tips for Your Summer Toys
Let’s be real here: you’re bringing your summer toys down to southern Utah to have as much fun as possible. You are not towing an ATV all the way...
When Chaos Strikes at the Golf Course
Now that the weather’s getting really nice, people are beginning to head to the golf course for some physical activity that isn’t too demanding....
ELI5: Are Insurance Companies Bad?
You’ve probably heard it before: insurance companies are the worst. They’re the devil. They’re out to get you. They don’t play fair. They only care...
Liability in the Icon Park Tragedy
The chances of dying on a roller coaster are estimated to be one in a million. However, that doesn’t mean that it can’t happen. Tragically,...
Safety Tips for Swimming
Follow these tips from a swimming pool accident lawyer With COVID cases finally starting to stabilize, and the weather heating up, you and...
Preparing for the Deadliest Days in 2022
Utah’s 100 deadliest days are fast approaching. The days between Memorial Day and Labor Day are considered to be the deadliest days on Utah’s roads....