Preschool Incident

[jacobi29]

Hello.

My four year old son was stab with a pencil by another undisclosed classmate in his school. It was the first time this has happen but if this is the same child and I think it is he has had several run in within him. First I thought it was just bulling so I told my son to stand up to him. Two weeks later the undisclosed child choose to get up from a classwork exercise and use the eraser part of a pencil and stab my son in his left eye(My first thought was were is the teacher). This is now a real problem. Would like to know about the legal side of things before I speak with the parents about the child's actions.

My questions are:

Can I prosecuted or who would I report this incident to if need be? Do not want to this time just would like to know

I have to take my child to the hospital because his eye is still hurting. They should have to pay the bill?

Who is responsible for this happening? Is it the school? Is it the teacher? Is it the child's parents?

I don't believe a child at four just wants to stab other kids. His teacher asked him why he did it and his reply was because it was fun. So I feel he needs some better coaching or a better perception on what he is doing to others.

Would also appreciate the best advice on next steps to take.

My steps are to first talk to the teacher to find out what happen exactly. If she thinks she can handle him so it never happens again. Then if need be schedule a meeting with the parents to make sure steps are being made for this to never happen again( legally my wife is telling me they cant give me the child's name and parents number). If they are not reasonable people then the school and I should be able to take steps to have this child removed because it is not my child fault, and their child should not be allowed to continue in this direction?

 

[army judge]

My four year old son was stab with a pencil by another undisclosed classmate in his school. It was the first time this has happen but if this is the same child and I think it is he has had several run in within him. First I thought it was just bulling so I told my son to stand up to him. Two weeks later the undisclosed child choose to get up from a classwork exercise and use the eraser part of a pencil and stab my son in his left eye(My first thought was were is the teacher). This is now a real problem. Would like to know about the legal side of things before I speak with the parents about the child's actions.

My questions are:

Can I prosecuted or who would I report this incident to if need be? Do not want to this time just would like to know

You can't prosecute.
The state can prosecute.
You can make a complaint with the local police agency.

BUT, I DOUBT THAT THE ALLEGED PERPETRATOR WILL BE PROSECUTED. WHY?

Because the alleged perpetrator COULD too young to be held CRIMINALLY RESPONSIBLE for his actions.

If the child is under FIVE (5) YEARS OLD, it is highly unlikely that the state will want to pursue a criminal prosecution against the child. Children of such tender years are thought to be unable to commit crimes.

I have to take my child to the hospital because his eye is still hurting. They should have to pay the bill?

Maybe they should, maybe they shouldn't.
As the child's parent, YOU are responsible for his medical care.
You can sue the school for negligence, but that will be hard to prove.
You can also sue the parents of the alleged perpetrator in a civil lawsuit for any expenses you incur.
Will you prevail?
Who knows, hard to say.

Who is responsible for this happening? Is it the school? Is it the teacher? Is it the child's parents?

Again, who knows who is responsible.
You can consult a lawyer in your city and see what that lawyer has to say.
Ultimately, if you want someone to pay the child's bills, you MIGHT have to sue them.

I don't believe a child at four just wants to stab other kids. His teacher asked him why he did it and his reply was because it was fun. So I feel he needs some better coaching or a better perception on what he is doing to others.

Would also appreciate the best advice on next steps to take.

My steps are to first talk to the teacher to find out what happen exactly. If she thinks she can handle him so it never happens again. Then if need be schedule a meeting with the parents to make sure steps are being made for this to never happen again( legally my wife is telling me they cant give me the child's name and parents number). If they are not reasonable people then the school and I should be able to take steps to have this child removed because it is not my child fault, and their child should not be allowed to continue in this direction?

I would suggest you NOT speak with the parents of the child.
Your best approach would be to schedule an appointment with the school's principal.
No teacher will guarantee that one child will not stab, attack, molest, or harm another child.
That is foolish to expect.
Besides, that is YOUR job as the child's parent to protect him.
Speak to an attorney.

 

[disagreeable]

I suggest you remove your child, if the pre-school is not willing to remove the other child.

 

[crawford2718]

I have a different take regarding this matter. because parents are held responsible for their own child's Medical expenditures. with the police report, doctors records, and your school contact. I do not think your chances. with getting assistance with your medical expense would be too difficult. although you ormally do not get the amount you request. it is hard to negligence. but remember negligence is also the failure to act.

written above is not legal advice just my written and friendly opinion. if this problem continues then your best course of action would be to seek legal advice from a attorney.