With the shooting at Robb Elementary School shattering hearts across the nation, a personal injury lawyer Philadelphia PA trusts speaks out about school violence and liability. Violence at schools and colleges around the country have become front page news over the past decade. Gun violence, as well as attacks using knives or other weapons, continue to terrorize students and teachers. In 2019-2020, there were a total of 75 school shootings, with 27 of those shootings resulting in one or more deaths. The Prevalence of Criminal Victimization Report shows that 1% of all students report violent victimization at school, including rape, sexual assault, and assaults. A personal injury lawyer Philadelphia PA depends upon will outline who may be responsible for school violence, such as school shootings.
Liability for School Shootings and Violence
According to our Philadelphia PA personal injury lawyers, the first task in determining liability is to investigate the complete facts and circumstances surrounding the case. Once these facts are confirmed, our team of lawyers can file a lawsuit against those who we believe are liable for the personal injuries or deaths of our clients. Frequently the liability for school violence extends to the following parties:
The Shooter/Violent Aggressor
The aggressor themselves is typically the most liable for injuries and deaths during school violence. However, young shooters may have little or no assets to sue for. In other cases, the attacker either kills themselves or is mortally wounded by first responders. Therefore, in a lot of circumstances, a lawsuit against the attacker would not result in adequate compensation for the victim’s injuries.
Schools Districts or Colleges
A personal injury lawyer Philadelphia PA relies on confirms that schools, colleges, and universities have a duty to ensure student safety on their grounds. Schools are expected to provide the necessary supervision, warn students and teachers of threats, and adhere to safety policies to reduce the risk of violence on their campuses. If school administrators were aware, or if they should have been aware, that a student or another party was making violent threats and did not take action, they may be liable for the resulting injuries and deaths.
Parents of Shooters
In certain circumstances, parents of shooters may be held liable for school violence. The parent’s liability in these cases is often based on an action that they took, such as buying their child a weapon despite knowing about threats the child has made, or failure to take action, such as informing the school and police when they became aware of a threat made by their child.
Mental Health Professional (such as Psychiatrists and Psychologists)
Mental health professionals have legal responsibility for to act when a patient makes a credible threat of harm to others. If a shooter’s mental health provider knew about their patient’s threat or plan of action to harm others and failed to notify authorities, they may be liable for negligence.
Other Third Parties or Contractors
A thorough investigation may reveal other third parties who are liable for the shooting. For instance, some schools use a vendor for visitor access management technology solutions. If an equipment failure allowed an unauthorized person to enter the building and shoot a student, the vendor may have liability for the shooting.
Proving Negligence in School Violence Cases
A personal injury lawyer Philadelphia PA counts on is frequently asked about proving negligence in cases of school violence. To be successful, a personal injury attorney must prove that their client was owed a duty of care by the defendant. Then, the attorney must prove that the defendant breached that duty of are and the plaintiff was injured or killed because of that breach of duty.
Proving that the defendant was negligent can help the plaintiff claim compensation for damages, such as the cost of their medical care, pain and suffering, or compensation for damages for loss of life.
Contact the Wieand Law Firm, LLC for a Free, No-Obligation Consultation
Contact the Philadelphia PA personal injury lawyers at the Wieand Law Firm today to learn more about proving negligence and liability in school violence cases. Our team offers a free consultation to learn more about your unique case and discuss the legal options available to you. Our lawyers work on a contingency fee basis, which means that we never earn a fee unless we are successful in recovering compensation for your damages. Call 215-666-7777 today, or send a message via our online form to speak directly with an attorney.