If there is a school shooting and a child is diagnosed with PTSD because of it, can the parents/child sue the school/school district?
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If there is a school shooting and a child is diagnosed with PTSD because of it, can the parents/child sue the school/school district?
This is for a research project for school about PTSD in the courtroom.
Asked on November 5, 2018 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, they may not. unless possibly it can be shown that the school ignored some obvious risk or threat--for example, the shooter was a student who had disclosed his plans (whether on social media or to some classmates in person) and those plans got back to the school, which took either no or obviously inadequate steps to protect against the threaten This is because as a general matter, one person or entity is not responsible for the criminal acts of another barring negligence--unreasonable failure to respond to a known or reasonably foreseeable threat.
The shooter could be sued; or his or her parents (or legal guardians) if a minor.
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