Student Bullying Lawsuits

The American Medical Association has concluded that school bullying impacts kids as much as child abuse, drug addiction, and early sexual encounters. In its report, Educational Form on Adolescent Health, Youth Bulling, the AMA discusses the serious nature of what many view as "kids being kids."

The affects of bullying on child or teenager have significant impact, resulting in stress, anxiety, nightmares, eating and sleeping problems. It also affects the students learn and causes a significant disinterest in attending school and doing the homework. In the long term, it can cause low self-esteem and depression.

School is supposed to be a safe place where kids can learn, socialize, and grow. In too many instances, it becomes a center for teasing and both emotional and physical abuse. Many times, this abuse is more low key and falls "under the radar" of school officials and personnel. In other situations, the school is notified of this bullying and abuse and simply does not take enough action to prevent it from happening. In those situations, the bullied students has legal rights to sue the school district. School bullying comes in a number of ways. It can be as subtle as teasing to significant verbal abuse

Under Michigan law, a school and its staff have a legal duty to take measures to prevent student bullying when it is brought to their attention. Even when they do take some measures, it is often not enough. In those situations, a lawsuit can also be filed.

In a recent Michigan Court of Appeals case, the court held that the parents could proceed with a lawsuit against the school for their son being harrassed in school. "Even though a school district takes some action in response to known harassment, if further harassment continues, a jury is not precluded by law from finding that the school district's response is clearly unreasonable", said Judge Karen Nelson Moore in the court's opinion.

The only way to prevent bullying from escalating is to hold the school systems accountable for this type of harm. Without any liability, they can just turn their heads and leave the student to the hands of the bullies. For more information on the rights of students who are the victim of bullying, please contact our office at (800) 606-1717.

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