Parents are often left searching for answers after discovering that a trusted school employee has harmed their child. Many of them ask, “What are your legal options when a school employee harms your child in Ohio?” We can help families protect their child’s well-being and determine whether legal action may be appropriate.
Under certain circumstances, acts of physical violence, sexual misconduct, excessive force, or other inappropriate behavior may lead to civil litigation, administrative proceedings, or criminal investigation under Ohio law.
Hire a Child Abuse Lawyer
The Czack Hobbs Law Firm pursues justice for individuals and families throughout Ohio who have suffered serious injuries due to another party’s negligence. With more than 40 years of combined trial experience, our attorneys have built a reputation for providing skilled legal representation and personalized service. We are known for individualized attention and direct attorney communication throughout the legal process.
Our firm also handles complex personal injury matters, so we understand the life-altering impact a child’s injury can have on an entire family. We are committed to educating families about their legal rights and seeking accountability under Ohio child abuse laws.
What Types of School Employee Conduct May Give Rise to Legal Action?
Not all school conflicts or disciplinary incidents result in a legal claim. In some cases, the conduct of a school employee may give rise to civil litigation, criminal prosecution, or both when the conduct causes injury to a child, such as:
- Physical abuse
- Sexual misconduct
- The use of excessive force
- Negligent supervision
- The failure to protect a student from foreseeable injury
In some circumstances, the employee’s conduct may also violate school policies or state law. A family’s right to make a legal claim will depend on the specific facts, the type of conduct involved, as well as the injuries and damages caused by the incident.
Who May Be Legally Responsible for a Child’s Injuries?
The school employee may not be the only person or entity legally responsible for a child’s injuries. A public school district, a private school, a contractor, or another party may also be liable under the right circumstances. Child abuse cases involving public schools may be more complex because Ohio Revised Code Chapter 2744 grants governmental entities limited immunity, subject to certain statutory exceptions.
Whether an individual, a school, or someone else may be liable will depend on the facts and circumstances of the incident, the employment relationship, and Ohio law, including whether a claim is permitted under the law against a school or another party.
What Compensation May Be Available to Families?
When a child is injured due to the wrongful act of a school employee, the child and, in some circumstances, the child’s family may recover damages for losses resulting from the child’s injuries. Potential categories of damages that may be recovered, depending on the facts of the case, include:
- Medical expenses
- Counseling and psychological treatment
- Future care costs
- Pain and suffering
- Emotional distress
- Any other losses stemming from the child’s injuries
The amount of compensation will vary based on the extent of the injuries, the evidence presented in support of the claim, and applicable Ohio law. When you hire a child abuse lawyer, they can explore every possible legal option for your case.
What Should Parents Do After Their Child Is Harmed?
If you believe that your child has been injured by a school employee, it is important to:
- Seek immediate medical or psychological treatment as necessary.
- Save all correspondence, photos, or other evidence.
- Make written notes of what your child tells you about the incident as soon as possible.
If the incident happened at a school within city limits, you should also notify the proper school authorities and, if a crime is suspected, the local police department. Your early involvement can safeguard your child’s well-being and preserve evidence for possible future litigation.
FAQs
Can Parents File a Claim Against a Public School in Ohio?
Parents may file a claim against a public school in Ohio. However, these cases are more complicated, as public schools are often protected by governmental immunity under Ohio law. Depending on the facts of the case, an exception to immunity may apply. An assessment of the particular circumstances is important to determine the available legal options.
How Many Reports of Child Abuse Are Made Each Year in Ohio?
Child abuse and neglect persist in hundreds of thousands of households across the country. In federal Fiscal Year 2023, the U.S. Department of Health and Human Services identified 546,159 children as victims of abuse or neglect. Though these cases take place in many contexts, reports that involve school employees should be taken seriously, and they must be swiftly investigated to safeguard impacted children.
Who Reports Suspected Child Abuse Most Often in Ohio?
Professionals often have a critical role in identifying and reporting suspected child abuse. They regularly interact with children in schools, healthcare settings, and other environments.
The Child Welfare League of America found that 70.9% of child abuse reports in federal Fiscal Year 2023 came from professionals, including educators, medical staff, social services staff, and police. Reports made by professionals are taken seriously by the child protective system and investigated when appropriate.
Can a School Employee Face Both Criminal and Civil Consequences in Ohio?
A school employee who injures a child may be prosecuted criminally and held civilly liable, depending on the situation. Criminal charges seek to determine whether a crime has been committed, and the court can impose punishment if deemed necessary.
A civil claim gives an injured child and their family the ability to recover their losses. Criminal and civil actions are independent of one another, and one does not affect the other.
Contact an Ohio Child Abuse Lawyer
When a school employee injures a child, parents may take legal action to hold the appropriate parties accountable and protect their child’s future. Parents who have questions about how Ohio law applies to their child’s specific situation can benefit from consulting an attorney. They can also explain g how the legal process may unfold during their case.
At The Czack Hobbs Law Firm, our team provides caring, individualized legal representation for families with complex claims involving serious injuries. Schedule a consultation today to discuss your situation.
