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Old 06-04-2008, 12:05 AM   #41
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When I was in HS a guy that sat next to me that weighed maybe 100 pounds got punched in the face and his jaw was broken by a huge muscular guy. He had to have his jaw wired shut and at least two of his teeth pulled out so he could drink his meals through a straw.

Another kid got punched in the face and I don't know what happened to him injury wise for sure but he had a 4x4 inch bandage on his nose for what seemed like 6 months. My guess is his nose was VERY badly broken.

Both of these kids probably had injuries that will affect them for life.

There was fights like everyday and rarely anything was done about them. One kid brought in a knife to kill a few of the kids that picked on him every day while the teacher just stood there and let them. He got suspended.

Another kid threw a girl on the ground and punched her in the face like 10 times...he got in trouble.

HS was very violent. It looks like maybe not much has changed.

Look at how in love people are with violence. Everything is so violent on tv. Kids growing up seeing this stuff day after day can't be good.

I agree with a point that CFB made. The few examples I posted are serious criminal acts and it shouldn't matter if you are 13 or whatever.

Also one of the things that would have made your situation totally different is if your kid was a girl.

Look at that Florida beating with those girls that beat up that one girl.

If it was a guy there would be virtually no amount of injury that would raise an eyebrow. Those guys that got injured when I was in HS I doubt ANYTHING was done by the school. The kids that injured them were still there every day.

If a girl got injured it would be different. And if it was anything sexual they would be serving 50 years in jail!

I hope your son makes a full recovery psychicaly and mentally and has no long term effects from this.

Violence like this in schools should not be seen as ok. I'm long gone out of HS but memories of some of the violence still bothers me.


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Old 06-04-2008, 12:36 AM   #42
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It sounds like things are working out OK- glad tro hear that the injuries weren't all that serious. I thought about this a bit more and agree with some of the other posts- if the rest of the kids got wind of the fact that you were pursuing legal remedies for a simple schoolyard altercation, your child would be ostracized beyond belief... and If their parents found out you were successful, they probably would forbid their kids from hanging out with your litigation liabilty. I know I would think twice..

Probably best to let the kids sort it out themselves. Having Mom and Dad fight their battles for them sends the wrong message and doesn't help them out a bit socially- might as well send him back to school in the fall in a cardigan with a big "L" tattooed on his forehead... and a briefcase.

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Old 06-04-2008, 07:52 AM   #43
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I just don't think the kid who stuck his foot out and tripped OP's son had the intent to break his collarbone or otherwise harm him physically. It was a stupid thing to do but no punches were thrown, it was probably meant as a stupid joke (ha, ha, Johnny tripped). So imho no need to overreact as if it were a truly malicious act.

A close friend (hs valedictorian, now 60) was beat up with another defenseless smart guy in high school by a couple of tough guys, in a truly malicous act (not really a fight since it was one-sided--more a mauling). Thugs got suspended, both died young. Friend and the other smart guy went on to success in life. Karma's a bitch.
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Old 06-04-2008, 08:43 AM   #44
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From having sat on the jury of an assault w/deadly weapon case, intent is not an element of the crime. When a child is battered, school personnel are mandated by law (at least in CA) to report it to the police.
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Old 06-04-2008, 08:50 AM   #45
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Totally agree suspicion of a battered child must be reported to police--doesn't sound like this case was reported to police, however.

My son's feet are big and smelly but even I wouldn't call them a deadly weapon--and it doesn't sound like the kid in question was using his feet as a deadly weapon.

I feel bad for OP and his son--hope the collarbone heals up without much pain. OP could send the medical bills to the school, I guess, and let them deal with them--argument could be made I guess that school should keep children at least physically safe.
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Old 06-04-2008, 09:53 AM   #46
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...argument could be made I guess that school should keep children at least physically safe.
I'm not sure a school can foresee and prevent every case of one kid tripping another. In my opinion this is just one of those learning experiences of youth...for both sides. If the parents of the tripper don't come forward to voluntarily pay medical bills, then trying to force them to will end up creating more of a problem than the bills represent themselves. Chalk this one up to experience and let it go.

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