Does Your Child Have a Bullying Case?
Does your child have a case? Bullying and abuse cases in South Carolina Schools occur at a disappointing rate. Bullying can take many different shapes. Many schools in South Carolina have started to implement the Olweus bullying prevention program. A recent article in The Spartanburg Herald Journal outlines some of the efforts some of these schools have taken to prevent bullying. This article can be found at http://www.goupstate.com/news/20160820/spartanburg-schools-implement-anti-bullying-programs.
If your child has been beaten up or bullied in school, they may have a legal remedy. Cases involving students that are injured or bullied in the public schools are governed by a different standard than students that may have been injured at a private or religious school. The South Carolina Tort Claims Act governs all tort claims against government entities and is the exclusive civil remedy available in an action against a government entity or its employees. Under the act, the state, a political subdivision, and a government entity are liable for their torts in the same manner to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages and exemptions from liability and damages contained herein S.C. Code Ann. § 15-78-40. The Tort Claim Act provides that a governmental entity such as school districts may be liable for a breach of its duty to supervise its students if it exercises that duty in a grossly negligent manner. S.C. Code Ann. § 15-78-40(25). Courts in South Carolina have interpreted the term of gross negligence in a variety of ways and under a variety of factual circumstances.
If your child, or someone you know, has been injured in a school related incident, please contact our firm and we will be happy to evaluate the case to determine if it meets the guidelines as laid out under the South Carolina Tort Claims Act.
Thomas A. Killoren, Jr.