Chicago Accident and Injury Lawyer Blog

As Chicago school injury attorneys, we zealously advocate on behalf of our clients, including those who are victims of a school's negligence. A National Center for Education Statistics study found that nearly a third of students age 12-18 have reported that they had been bullied in school at one time or another.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property may be eligible for a personal injury lawsuit if they can show the school, college or university failed to take reasonable steps to prevent the incident. The subject of school immunity often comes up when dealing with lawsuits against schools since Illinois does generally provide teachers and other certified educational employees with limited immunity from negligence actions if evidence of willful and wanton conduct does not exist. Knapp v. Hill, 276 Ill. App. 3d 376, 382 (1st Dist. 1995). However, Jeffrey J. Kroll has successfully defeated immunity defenses in numerous cases, by proving willful and wanton misconduct on the part of the school or school district. Willful and wanton means the failure, after gaining actual or constructive notice of an impending danger, to exercise care to prevent harm to others, when that danger poses an unreasonable risk of harm. Sullivan v. City of Hillsboro, 303 Ill. App. 3d 650, 655 (5th Dist. 1999). It is a hybrid between acts considered to be negligent and those considered to be intentional. Stojkowich v. The Monadnock Building, 281 Ill.App.3d 733, 744 (1st Dist. 1996). Whether specific acts amount to willful and wanton conduct is ordinarily a question of fact for the jury. Green v. Chicago Park District, 248 Ill. App. 3d 334, 341 (1st Dist. 1999).

The Chicago school injury attorneys at the Law Offices of Jeffrey J. Kroll read a recent CNN article, Bully-proofing your kids, which explores ways parents can "strengthen their children before the bullying starts." Here are some of the tips discussed in the article:

(1) Start early. Get your child to understand the difference between "thinking, feeling and action." For example, ask a child about good events that happened to them to develop a sense of feelings about events versus the actual event. Then, ask the child about good things that happened to someone else. Once they understand the difference, ask them about something that did not work out so well for the child and for someone else. This will help children understand the connection between cause and effect, positive and negative behaviors.

(2) Develop a sense of self. Parents must understand the kind of person that their child is. Encourage children to be "themselves" and not to be impressed by their friends' every whim. It is also important to teach children to be confident. Find something (academics, sports, music, dance) that gives your child confidence.

(3) Encourage courageous behavior. Teach children to speak up if someone is being bullied. Raise your child with the courage to do what is right.

(4) Look in the mirror. Parents must monitor their own behavior, and instill a peaceful approach to problem-solving. Children will mirror your behavior.

(5) Develop overlapping circles. Parents should encourage children to participate in after-school activities, where they can make friends outside of the classroom or school setting. Helping children find what they are good at is a huge confidence builder and can have life-long positive benefits.

(6) Develop physical confidence. It can't hurt to engage in physical activity and build a child's physical strength. This can be a great self-esteem booster for some children.

(7) When you find out your child is the bully. No one wants to find out that it is actually their child who is doing the bullying at school. However, there are ways to stop bullying by getting to the root of the problem, whether it is at school or home, and encouraging good behavior.