Schools are meant to be places of safety and learning. Parents send their children into classrooms each day with the expectation that teachers, coaches, administrators, and staff will act in their best interest. But when a school fails to prevent abuse — or worse, covers it up — the consequences can be devastating.
In Missouri, civil law provides a pathway for families to hold schools accountable when they fail to protect students from sexual abuse. Whether the harm was caused by a teacher, staff member, or fellow student, parents have the right to pursue legal action when the school’s negligence contributed to the abuse.
At O’Brien Law Firm, we represent families across Missouri in civil cases against public and private schools that failed to act. This article will explain how these cases work, what makes a school liable, and how families can begin the legal process with confidence and support.
Understanding a School’s Legal Duty
Schools have both a moral and legal responsibility to protect children in their care. This responsibility is especially clear during school hours and in school-sponsored programs. When a student is abused during that time — by an employee, volunteer, or peer — and the school failed to prevent it despite having a duty to do so, that school may be held legally responsible.
This legal concept is called “negligence.” In civil law, a school may be found negligent if:
- It failed to properly screen or supervise employees
- It ignored reports or warning signs of abuse
- It allowed one-on-one unsupervised access in inappropriate settings
- It failed to follow its own safety or reporting policies
- It responded inadequately to previous complaints about the abuser
- It did not intervene to stop bullying, harassment, or peer abuse
Negligence is not always about what a school did. Sometimes it is about what the school failed to do when it had the chance to prevent harm.
Who Can Be Held Accountable
When pursuing a civil lawsuit related to abuse in a school setting, there may be multiple liable parties depending on the facts of the case.
Potential defendants may include:
- The individual perpetrator
- The school principal or administrators who ignored reports
- The school district
- A charter school board or governing body
- Volunteers or contracted service providers
- Private school leadership or board members
Each of these parties has specific legal duties. When they fail those duties and a student is harmed, they can be named in a civil claim.
Types of Abuse That May Occur in Schools
Abuse in school settings may take many forms, and not all of them involve physical contact. All are serious and may form the basis of a legal claim.
Some examples include:
- Sexual abuse by a teacher, coach, or staff member
- Peer sexual assault in bathrooms, locker rooms, or unsupervised areas
- Inappropriate texting, grooming, or solicitation by staff
- Failure to respond to repeated reports of abuse or bullying
- Exposure to sexually explicit content or behavior by an adult in authority
If your child has experienced or disclosed any of these behaviors, it is important to take action immediately. You may have grounds to file a civil lawsuit and protect other children from future harm.
What Makes a School Civilly Liable
For a school to be held liable in a civil court, your attorney must prove that the school’s actions or inaction directly contributed to the abuse. This can include:
Negligent hiring or retention
If the school failed to perform background checks or ignored red flags in an employee’s history, it may be liable for putting children at risk. Similarly, if the school received complaints about the person but kept them in a role that allowed further abuse, that is negligent retention.
Negligent supervision
Schools must supervise staff, volunteers, and students. If a teacher left children unsupervised or allowed an unsafe environment to develop, the school could be held responsible for failing to protect students.
Failure to report
Missouri law requires educators and school officials to report suspected abuse. If they ignored a disclosure, failed to follow reporting protocols, or actively suppressed complaints, that failure can be central to your civil case.
Creating unsafe environments
When a school allows repeated one-on-one contact without oversight, fails to train staff, or lacks abuse prevention policies, it creates a setting where abuse is more likely to occur. That institutional negligence can lead to civil liability.
How Civil Lawsuits Help Families
Filing a civil lawsuit against a school that failed to protect your child can be empowering, validating, and a critical step in healing. While no legal action can undo abuse, it can:
- Hold institutions accountable for negligence
- Provide financial compensation for therapy, education, or long-term care
- Force schools to improve safety and reporting protocols
- Validate your child’s experience and show that their voice matters
- Help prevent other children from experiencing similar harm
Taking legal action sends a powerful message that silence and inaction are not acceptable — and that your child deserves justice.
What Damages Can Be Recovered
In a civil lawsuit, families can pursue compensation for a range of damages related to the abuse and the school’s negligence. These may include:
- Therapy and mental health care costs
- Medical bills related to the abuse
- Emotional distress and trauma
- Educational setbacks or special needs
- Loss of quality of life
- Future care and treatment costs
- Punitive damages, in cases of reckless or intentional misconduct
We work with child psychologists, therapists, and education specialists to fully understand how the abuse has impacted your child and what support they will need moving forward.
Public vs Private Schools in Civil Lawsuits
The legal approach may differ depending on whether the school is public or private.
Public schools
Lawsuits against public schools often involve claims under the Missouri Human Rights Act or federal civil rights laws. These cases may have stricter procedural requirements, such as notice periods or limits on damages. However, they can still be powerful tools for justice and reform.
Private schools
Private schools are not government entities, so claims typically focus on negligence, breach of duty, or violations of the school’s own policies. Private schools may also be liable for failing to act on known risks or mishandling abuse disclosures.
Our legal team understands the differences and will guide you through the best legal pathway for your specific case.
What If the Abuse Happened Years Ago?
Missouri has extended its statute of limitations for civil child abuse cases. In many instances, you can file a lawsuit until the survivor turns thirty one years old. In some cases, this deadline may be extended based on when the emotional harm was discovered.
Even if the abuse occurred years ago, you may still have time to file — especially if new evidence has emerged or others have come forward. Do not assume that too much time has passed. Let a legal professional review your situation.
Steps to Take If You Suspect Abuse at School
If your child discloses abuse or you suspect something is wrong, take the following steps:
- Believe your child and thank them for telling you
- Ensure your child’s immediate safety by removing them from contact with the abuser
- Report the abuse to the Missouri Child Abuse and Neglect Hotline (1-800-392-3738)
- Seek medical and emotional care from qualified professionals
- Document everything including dates, conversations, and school responses
- Consult a trauma-informed attorney to understand your legal options
Prompt action not only protects your child, it may help prevent further abuse of others.
How O’Brien Law Firm Can Help
At O’Brien Law Firm, we represent children and families in Missouri who have been harmed by institutional failures. We know the tactics schools and districts use to delay, deny, or dismiss abuse claims. Our team is experienced, trauma-informed, and committed to protecting your child’s rights with care and strength.
We offer:
- Confidential consultations
- No-pressure legal guidance
- A trauma-informed approach tailored to your child’s comfort
- Aggressive pursuit of justice through investigation, negotiation, or trial
- Coordination with therapists and child advocates
- Protection of your family’s privacy and dignity
You do not have to navigate this process alone. We are here to listen, believe, and act on your behalf.
Final Thoughts
When a school fails to protect your child from abuse, you have every right to demand answers, accountability, and change. A civil lawsuit may be one of the most important tools for achieving those goals.
Do not let fear, guilt, or uncertainty stop you from taking the next step. Your child deserves a future free from harm — and a legal team that will stand by your side to make that possible.
If you are ready to learn more about your legal rights, contact O’Brien Law Firm for a confidential consultation. We are here to fight for your family and for every child who deserves safety at school.