Case Example of Suing a School District for Negligence as a Result of Inadequate Security
Case Background
This negligent security case against a school district in Georgia involves a young man who was viciously beaten by another student at the school he attended. In the case of Bajjani v. Gwinnett County School District, the lawsuit stemmed from the actions of school officials after an incident that occurred during the school day and on school grounds.
Timothy Bajjani was a student attending classes when an altercation broke out with another student. The other student threatened Bajjani, which was heard by the teacher and other students. When class ended, the student made good on his threats.
Bajjani was brutally beaten by the other student, who kicked him repeatedly in the face and chest, stomping his head as he lay on the concrete hall floor. When the principal and assistant principal arrived on the scene, they found Bajjani unconscious and bleeding profusely. Instead of calling an ambulance, they took him to the nurse’s office and notified his parents, without mentioning the severity of the boy’s condition.
Injuries Suffered by the Victim
When the parents arrived roughly 30 minutes later, they were horrified by what they found. They immediately called paramedics, who rushed Bajjani to the local hospital, where he was diagnosed with:
- severe head trauma,
- a subdural hematoma
- a temporal skull fracture
- three facial fractures
He required immediate surgery and has since undergone extensive dental work to repair the facial damage done, while continuing to suffer from seizures, sleep disorders, and difficulty eating.
Further Reading: Common Types of Catastrophic Injuries Suffered Due to Negligent Security
Establishing Liability and Cause Against the School District
It was only later and after extensive investigation by police, state school officials, and the parent’s attorney that certain disturbing facts about the case were uncovered:
- The student who beat Bajjani had a past history of violence that the school was aware of. Officials failed to warn teachers of the boy’s explosive temper, which is why Bajjani’s own teacher never acted on the threat he made in class.
- The Georgia Department of Education has a policy in place to identify schools that are considered “persistently dangerous”, allowing parents to make other arrangements for their child. Incidents of violent crime that occurred on school property or at school-sanctioned events were required to be reported. Gwinnett County Public Schools failed to follow this policy. Of the more than 70,000 violent altercations that occurred there, fewer than 5,000 were reported.
- School staff at Gwinnett were specifically instructed not to call 911 for any injuries that occurred at school. This was in the hopes of avoiding the “persistently dangerous” designation, which would have resulted in a drop in enrollment and funding cuts.
As a result of these facts, Bajjani’s parents filed a lawsuit suing for negligence and inadequate security against the school’s administration, seeking medical costs as well as punitive damages.
Further Reading: Understanding Proximate Cause in Negligence & Premises Liability
Reach Out to an Experienced Trial Attorney
If you or someone you love has suffered injuries due to the reckless and negligent actions of another person or group of people, reach out and contact Apolinsky & Associates, LLC, for help. We can arrange a consultation with our experienced Atlanta personal injury attorneys, who can advise you on how to hold responsible parties accountable so you can get the compensation you deserve.
The foregoing answers are not legal advice and are merely a general overview. You are advised to consult a lawyer to address your specific situation. Feel free to send comments or questions to: steve@aa-legal.com of Apolinsky & Associates, LLC, or call (404) 377-9191.
