Assault on Educational Personnel
TCA 49-6-2008, originally enacted in 1981, creates a special civil cause of action against anyone who intentionally assaults educational personnel, such as a teacher or principal. On the surface, this statute seems unnecessary since anyone who is injured in the state of Tennessee has a cause of action against someone who committed an intentional act against him or her. However, remedies are expanded under the statute.
A person who commits an intentional assault on educational personnel are liable for three times the amount of total damages, attorneys fees and, if applicable, punitive damages. If, for example, a parent intentionally assaults a teacher and causes $1,000 in medical bills and associated costs, that parent will be liable for $3,000, plus attorney’s fees. If the parent’s behavior is especially egregious, the liability could exceed $10,000.
All too often, teachers and other educational personnel are assaulted by students. Since students don’t have a lot of money, they don’t make good candidates for tort recovery. In this instance, plaintiffs often look to the parents of the malfeasant child for the damages incurred. However, TCA 37-10-101 through 103 puts a cap on damages collectable from parents whose children commit intentional acts against others.
Under these provisions, any person injured as a result of a willful or malicious act by a child under the age of 18 can recover up to $10,000 in actual damages, plus court costs, from a parent or guardian of the child if the parent or guardian knew of the child’s tendency to commit wrongful acts and where the parent or guardian had an opportunity to control the child but failed to exercise reasonable means to restrain the wrongful conduct.
Educational personnel have a right to seek compensation for injuries sustained as a result of intentional wrongful acts. Whether you were injured trying to stop a fight or were assaulted by a parent, you can claim damages from those responsible.
Call now to schedule a free consultation with an experienced Sevierville personal injury attorney at Baker Associates.
