As a child, it is not uncommon to argue with your parents over doing homework. After all, as a young child, all you want to do is play and have fun. But what if your frustration with your parents went beyond just arguing over homework? What if you could sue your parents for pain and suffering caused by their insistence that you do your homework? In Pennsylvania, this is not possible. Here’s why.
Pennsylvania is one of several states across the U.S that does not recognize “parental intentional infliction of emotional distress” as a viable cause of action. Emotional distress alone, without showing any actual physical damage, is not enough to sue for in Pennsylvania. Although Pennsylvania recognizes the right to freedom from emotional distress, such as depression, humiliation, severe anxiety, or mental anguish, the courts have created a high bar for this type of claim.
In order to make the case, there has to be acts of physical aggression or threats that have inflicted emotional and physical harm. Otherwise, the emotional distress must result in physical harm to be actionable. Homework, although contentious, is not an action that equates to such harm, and therefore cannot be sued for.
While it may not be possible to sue your parents for pain and suffering, the law in Pennsylvania does provide an alternative protection for children. In cases of serious abuse or severe neglect, the state may step in and remove children from the home and even take legal action against the offending parent or guardian. So, it is important to understand the law and recognize the difference between reasonable punishment and harmful actions by parents.
Parents are responsible for their child’s well-being, and one of those responsibilities includes making sure that their child receives an education. In Pennsylvania, there is no law mandating that a child attends public or private school, but if a parent chooses to homeschool their children, they must follow certain state guidelines. The law states that parents must have a high school diploma or an equivalent and must teach subjects such as reading, writing, math, science, and social studies.
If a parent does not follow these guidelines, they could face charges of educational neglect, which, in extreme cases, could result in the loss of custody of their child. Therefore, it is crucial that parents not only encourage their children to do their homework but also provide them with the tools they need to succeed in school.
Ultimately, the law in Pennsylvania does not allow for parents to be sued for making their children do homework. While emotional distress falls below the threshold of actionable harm in Pennsylvania, it is still important for parents to be mindful of their child’s well-being and ensure they are getting the education they are entitled to. Parents are responsible for providing educational support to their children and making sure they meet state guidelines, and failure to do so could result in serious legal consequences. Therefore, parents should encourage their children to excel in school, set realistic expectations, and provide positive reinforcement. Learn more from our team of top Pennsylvania personal injury lawyers and car accident attorneys at Ciccarelli Law Offices