As unfortunate as it is, shooting incidents are becoming more and more common each year. They happen in public places such as in clubs, concerts, and street festivals. Unfortunately, they also happen in schools. It is sad to witness news of these events unfolding due to a criminal deciding to murder people, most without reason.
School shooting incidents are very delicate as schools are supposed to be safe havens for the students. School systems are meant to be places of education and social development, and should hold nothing but happy memories. Regrettably, school shooting incident rates are slowly rising, with the perpetrators either being an outsider or a student himself.
When this incident happen, a common question arises – who is liable?
Liability in School Shooting Incidents
Who then can be held liable during these kinds of incidents? Read on and find out.
- Active Shooter
Of course, the main person responsible for the incident would be the active shooter. Whether they are of minor age or not, they must be considered liable for all damages they have incurred. This includes injuries or deaths that may occur during their rampage. Active shooters are criminals who decide to murder people without any reason or remorse, and must be held accountable for their actions.
There is legislation in a particular state that allows victims to file lawsuits against schools when there is a shooting incident. This law states that lawsuits should be limited to $350,000 per victim or $900,000 per incident when there are serious injuries or deaths. This stems from the fact that schools can be accused of negligence of security protocols or failure to notice the shooter’s dangerous behavior.
The same legislation also states that victims can sue districts if they fail to guarantee the safety of students, teachers, and other staff on school property. This also includes district-sponsored events. With this new legal standard, districts must be able to prove in court that they used “reasonable care” to prevent “reasonably foreseeable” crimes from happening.
- Gun Sellers
If the authorities are able to obtain the guns used and are able to pinpoint the sellers, they can also be held liable for the incident. It may be possible that they’ve sold the guns to a minor, or even given them access to dangerous weapons. With the lack of strict gun control laws in some states, it could’ve been easy for the active shooter to obtain weapons for their crimes.
Involved in a Shooting Accident? A Criminal Attorney Can Help.
If you have been involved in a shooting accident, then it’s best to contact a criminal attorney as soon possible. These are delicate situations and anything you say or do can be used against you. Hire a reputable criminal defense lawyer to help you with the case before you respond to any and all allegation.
Written by Bandre, Hunt and Snider in Jefferson City, MO. Bandre, Hunt and Snider are the best attorneys Jefferson City MO have to offer.