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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption