Can You Sue a Teacher for Spanking Your Child?

Posted on: 16 February 2022

Spanking children is illegal in most places. While it's rare today, it can still happen when a teacher loses their temper. If this happens to your child, in addition to having the teacher fired and arrested, you can sue for your child's injuries to cover their medical bills and emotional distress.

What Injuries Can Spanking Cause?

Spanking can cause both physical and mental injuries. Depending on the severity, physical injuries can include bruises, welts, cuts, broken bones, or internal bleeding.

Your child may also suffer from mental trauma after what is an assault by a person they trusted. The psychological effects of spanking are often long-lasting and can lead to depression, anxiety, anger issues, self-destructive behaviors, and more. These effects can take a long time to show, so you should have your child evaluated by a psychologist and follow their advice on whether you should schedule follow-up visits in the future.

Did the School Have a Duty To Protect Your Child From Harm?

You can almost always sue the school in a spanking case. Schools generally do have a duty to protect students from harm. Schools must provide adequate supervision and protection. They should also train teachers so that they know how to handle difficult situations.

When a teacher violates their responsibilities, a school can be liable due to a lack of proper training and supervision. The school can also be liable for the simple fact that an employer is responsible for the conduct of the employees who work for them.

Can You Sue Other People at the School?

It can be difficult to sue other teachers or administrators in a spanking case. School employees are generally immune from lawsuits. Even if an administrator could have prevented a spanking from doing their job better, it often won't give you enough reason to sue that administrator personally. It would just give support to why you can sue the school.

Can You Sue the Teacher Personally?

If a teacher commits a criminal act against a child, you can usually sue that teacher personally as well as the school. The reason is that criminal acts are so far outside of a teacher's ordinary job responsibilities that they lose their protections from lawsuits.

In most cases, you'll want to sue both the teacher and the school. This maximizes your chances of recovery and ensures that all parties are held responsible.

To learn more about how to sue a teacher for spanking your child, contact a local personal injury lawyer today.

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