Australia: “A bullied teenager will receive substantial damages and an income for life after a Supreme Court judge found NSW educational authorities failed in their duty of care to deal with playground assaults and bullying.” The court heard testimony that Benjamin Cox, now 18 years of age, was severely bullied at school by an older, disturbed pupil. ‘In her judgement, delivered today, Justice Carolyn Simpson commented that Mr Cox’s “adolescence has been all but destroyed; his adulthood will not be any better. He will never know the satisfaction of employment. He will suffer anxiety and depression, almost certainly, for the rest of his life'”. Cox’s mother said that because of the bad experience with classmates her son “didn’t like crowds, he didn’t like teachers, didn’t like the work,” and “just locks himself in his room playing PlayStation games”. The New South Wales state government may appeal the A$1 million verdict. (Leonie Lamont, Sydney Morning Herald, May 14; “Govt considers appeal on bullied boy”, AAP/Melbourne Age, May 22).
Oz: “Bullied teen awarded income for life”
Australia: “A bullied teenager will receive substantial damages and an income for life after a Supreme Court judge found NSW educational authorities failed in their duty of care to deal with playground assaults and bullying.” The court heard testimony that Benjamin Cox, now 18 years of age, was severely bullied at school by an older, […]
6 Comments
On the one hand, this sounds like something the school really should have dealt with–violence leading to permanent injury, repeated acts of violence by the same person…that’s not simple bullying. (For that matter, that’s assault–we hear about schools running for the cops a lot, but here it would have been justified)
On the other, the permanent effects seem…unforeseeable. The attitude that “bullying builds character” is stupid, but just giving up in response seems blameworthy too.
If any tort took place, it was by Play Station for its failure to warn about addiction to vid games, and the destruction of children’s futures.
At least the bullying was outdoors and social. The plaintiff had a duty to mitigate its effect by asking his guidance counselor, “How does one stop bullying?”
One possible answer? Sue the bully. If the family has no assets, enjoin the bully.
The case manages to contain both overlawyering and underlawyering, simultaneously.
JB – Damned if I know what the right answer is, but the school definitely should’ve done something. Part of the problem is that the little psychopaths are given more or less free rein in the school, and aren’t above using the law themselves to further the harassment (I actually had a bully go to the cops and try to file for a restraining order against me on the theory that complaining about getting beat up to school officials was ‘harassment’ thankfully the local authorities weren’t quite that stupid)
There’s more to this story. I suspect that if you looked into the victim’s past you’d discover that his generalized anxiety disorder and clinical depression was in play before the assaults. And that it was those traits that made him a target.
That said, the school was definitely amiss in not addressing the situation. If nothing else, getting the disturbed child the help he needs to deal with his problem. The bully is likely to end up as more of a burden on government finances than the victim.
Once again those in authority show that they are not willing to assume the responsibilities they want us to think they are ready to.
You know, the government is really making this kid worse. By not forcing him to fend for himself–he will have a miserable on the dole life. Bullies are a drag. Unfortunately, in days gone by, your kid could simply punch a bully in the mouth, maybe lose the ensuing fight, and 9 times out of 10, the bullying stopped. I had a ton of experience on that front as a child. If you’re smaller than everyone else and move around a lot, you get picked on. Usually, if you respond to physical violence with some of your own, the incidents stop. It’s a lousy lesson to learn, and it sucks that it comes to that, but is the current state of affairs any better.
This is what happens when a kid grows up without a father to teach him how to fight back.
His mother should be ashamed.