[CO] [CO] Does my grandson have legal grounds for a civil lawsuit against his school for mishandling bullying incidents?
Hi. Two school bullying incidents led to ER visits. The school did not report the first incident to the school department. The bullied student’s classroom schedule was changed. The bully’s classroom schedule remained the same.
Second incident — led to unconsciousness. Second incident reported to school department. Police report filed by parent after consultation with hospital social worker.
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Based on what you've described, there are strong grounds for pursuing a civil lawsuit against the school district in Colorado. Here's a detailed breakdown:
Legal Grounds for a Civil Suit
1. School Negligence
Under Colorado law, schools must protect students from foreseeable harm—including bullying. If the school failed to act on the first incident, that may be a breach of this duty.
2. Relevant Laws
Ashawnty’s Law and Jack and Cait’s Law require schools to implement prevention policies, investigate reports, and act appropriately.
Schools must report bullying to the Department of Education annually.
3. Claire Davis School Safety Act
This law allows families to sue schools when students are harmed by reasonably foreseeable violence. If the second incident followed a first unaddressed one, this law may apply.
4. Government Immunity
Colorado's Governmental Immunity Act generally protects schools, but not in all cases—especially where safety failures are involved.
5. Supporting Evidence
- Two ER visits
- A police report
- Hospital social worker involvement
- Witnesses
All this bolsters the case.
6. Damages
Physical injury, emotional trauma, and psychological effects are legally recognizable damages. Courts seek this kind of provable harm.
It’s also significant that your grandson’s schedule was changed while the bully’s remained. That may show the school was punishing the victim rather than protecting him.
Important Legal Step: Notice of Claim
Colorado requires you to file a Notice of Claim within 180 to 182 days from the injury or discovery of it. (CO Rev Stat § 24-10-109(1))
This must include:
- Names/addresses
- Summary of what happened
- Names of staff involved
- Nature of injuries
- Damages sought
You should act quickly to ensure this deadline is not missed.
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Hi. Two school bullying incidents led to ER visits.
The school did not report the first incident to the school department.
The bullied student’s classroom schedule was changed.
The bully’s classroom schedule remained the same.
Second incident — led to unconsciousness.
Second incident reported to school department.
Police report filed by parent after consultation with hospital social worker.
Lexi, Chatbot
I'm sorry to hear about the bullying incidents your child experienced at school. Were there any witnesses to these incidents?
Yes.
Lexi, Chatbot
Have you spoken to a lawyer or considered taking legal action regarding these incidents?
No — I am in need of advice regarding whether or not a legitimate civil suit can be filed.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with the potential civil suit.
Yes.
Jon
Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.
Do you want to know if there is a case against the school specifically?
Yes.
Jon
Are you asking if there is a case specifically against the school for failing to supervise and report?
Yes. This occurred in Colorado, and I'm inquiring for my grandson. I will be assisting him. He is over the age of 18 and presently within the two-year statute of limitations.
Jon
Based on what you've described, there are strong grounds for pursuing a civil lawsuit against the school district in Colorado. Here's a detailed breakdown:
Legal Grounds for a Civil Suit
1. School Negligence
Under Colorado law, schools must protect students from foreseeable harm—including bullying. If the school failed to act on the first incident, that may be a breach of this duty.
2. Relevant Laws
Ashawnty’s Law and Jack and Cait’s Law require schools to implement prevention policies, investigate reports, and act appropriately.
Schools must report bullying to the Department of Education annually.
3. Claire Davis School Safety Act
This law allows families to sue schools when students are harmed by reasonably foreseeable violence. If the second incident followed a first unaddressed one, this law may apply.
4. Government Immunity
Colorado's Governmental Immunity Act generally protects schools, but not in all cases—especially where safety failures are involved.
5. Supporting Evidence
- Two ER visits
- A police report
- Hospital social worker involvement
- Witnesses
All this bolsters the case.
6. Damages
Physical injury, emotional trauma, and psychological effects are legally recognizable damages. Courts seek this kind of provable harm.
It’s also significant that your grandson’s schedule was changed while the bully’s remained. That may show the school was punishing the victim rather than protecting him.
Important Legal Step: Notice of Claim
Colorado requires you to file a Notice of Claim within 180 to 182 days from the injury or discovery of it. (CO Rev Stat § 24-10-109(1))
This must include:
- Names/addresses
- Summary of what happened
- Names of staff involved
- Nature of injuries
- Damages sought
You should act quickly to ensure this deadline is not missed.
Thank you for your assistance.
I will contact an attorney in Denver.
Jon
Great! I hope the information I provided was helpful. If there’s anything else you need, feel free to reach out.
Jon
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