When a child experiences abuse at school, especially at the hands of another student, it can leave families shaken, angry, and confused about what to do next. Parents trust schools to be safe environments where their children can learn and grow. When that trust is broken, the emotional and legal questions that follow can be overwhelming.
If your child has suffered abuse by a fellow student, you may be wondering if you can file a lawsuit and who might be held responsible.
The short answer is yes, but the legal path often depends on the details of the case.
Understanding Peer-to-Peer Abuse in Schools
Abuse by another student, sometimes called peer-on-peer abuse, can take many forms. It may include physical assault, sexual misconduct, bullying, or harassment.
These incidents may happen in classrooms, bathrooms, hallways, on the playground, or even during school-sponsored events. While some may brush off such behavior as typical childhood conflict, there’s a clear legal and moral line when conduct causes serious child injury, especially if the school knew about it or should have known and failed to act.
When abuse rises to the level of injury or psychological trauma, and the school does not intervene or protect the student, legal action becomes a possible recourse.
That’s where lawsuits can come into play—not necessarily against the child who caused harm, but potentially against the school district or other responsible entities.
When Schools May Be Held Liable
Schools are legally responsible for protecting their students from foreseeable harm. If the administration knows, or should reasonably know, that a student poses a risk to others and fails to take action, the school may be held liable for any resulting harm.
This is especially true when previous complaints or incidents involving the offending student exist, and the school failed to investigate, discipline, or provide appropriate supervision.
A claim of negligence can be brought against a school if it fails to take reasonable steps to prevent abuse. For example, if your child was bullied repeatedly by the same student and the staff ignored your reports, a court may view the school’s inaction as a breach of duty.
Also, if your child was hurt due to a lack of supervision—say, during recess or in a locker room—this could support a negligence case.
Public schools, which are typically part of government entities, can be more complicated to sue due to sovereign immunity laws. However, many states, including Pennsylvania, allow immunity exceptions in cases involving gross negligence, civil rights violations, or failure to prevent known abuse.
Private schools, on the other hand, do not enjoy the same level of legal immunity and may face different liability standards.
What Legal Claims Are Available
There are a number of potential legal claims that could apply when a child is abused by another student.
The most common is negligence, arguing that the school failed to fulfill its duty to provide care. Depending on the facts, other claims might include negligent supervision, premises liability, or even intentional infliction of emotional distress.
If the abuse involves harassment based on race, gender, or disability, you may also have grounds to file under federal civil rights laws, such as Title IX or Section 1983.
If the school is a public institution, you may need to comply with strict procedural requirements, such as providing notice to the school district in advance of filing a lawsuit. These rules vary from state to state and often have short deadlines, so it’s important to consult an attorney as quickly as possible.
The School’s Response
How the school responds after being informed of abuse is significant. A strong, immediate response, with actions like separating students, investigating thoroughly, and communicating with parents, can help de-escalate these situations and help shield the school from liability.
On the other hand, a passive or dismissive approach can worsen the harm and be the basis of a lawsuit.
Documenting your communications with the school is essential. Keep records of emails, letters, or notes from meetings with administrators. If the school is aware of a pattern of misconduct and takes no meaningful action, that documentation becomes crucial evidence in any future legal action.
What About the Other Student’s Parents?
In some cases, you may also consider holding the other student’s parents accountable. While this option depends heavily on state law, some states do allow limited claims against parents whose children cause harm due to a lack of supervision or repeated misconduct.
These cases tend to be more challenging, both in terms of proving liability and collecting damages, especially if the family lacks insurance or financial resources.
Still, this approach may provide another legal route when school liability is difficult to establish or unavailable due to immunity.
Filing a Lawsuit
If you decide to pursue legal action, your attorney will likely begin by investigating the incident, gathering school records, interviewing witnesses, and reviewing the history of complaints, if any. The goal is to build a clear case that shows the school’s failure to act—or its failure to act appropriately—resulted in preventable harm.
Most cases are resolved before trial, either through settlement negotiations or mediation. If a settlement cannot be reached, the case may proceed to court. There, a judge or jury will weigh all of the evidence and make a determination on liability and damages.
Damages in these cases may include compensation for medical treatment, therapy, emotional distress, pain and suffering, and educational setbacks. In some situations, punitive damages may be available, especially if the school’s conduct was particularly reckless.
Supporting Your Child Through the Process
Legal action is just one part of the recovery journey. Children who experience abuse at school often need emotional support, counseling, and reassurance that they are safe. Involving your child in the process at an age-appropriate level can empower them and help rebuild their trust in adults. At the same time, protecting them from the stress of legal proceedings is just as important.
Working with experienced professionals—including attorneys, therapists, and advocates—can help guide your family through this difficult chapter.
Yes, you can file a lawsuit against a school if your child was abused by another student.
The legal grounds often depend on how the school handled the situation and whether it fulfilled its responsibility to protect your child. At Laffey Bucci D’Andrea Reich & Ryan, we understand that navigating these cases can be complex, but with strong legal guidance and documentation, it’s possible to hold schools accountable when they fail to prevent harm.
Your child deserves safety, respect, and a chance to heal.
The law may provide those…and we can help.