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The answer is "probably no one." Depending on the age of the child who caused the injury he or she may or may not be liable for his actions. The older the child, the more likely he could be found liable. Generally, parents are not directly liable for the actions of their children.

The school and its teachers are probably not liable as well. Generally, school teachers are granted broad immunity from lawsuits even for obviously careless acts. Also, in terms of children hitting children, unless the teacher knew or should have known that one child was going to hit the other the teacher likely as not even negligent in the first place.

If you feel your child has been harmed at school, you should consult with an experienced personal injury attorney in your area. Each case is different and only an experienced personal injury attorney can give you an opinion as to whether or not you have a valid claim.

Download a FREE copy of our consumer guide, The Five Deadly Sins That Can Wreck Your Injury Claim, to learn more about personal injury claims.

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Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.