Security Situations at Schools: What Parents Should Know

Since the 1999 Columbine shooting, tens of thousands of children have been victims of gun violence while at school. Many more incidents have occurred at extracurricular activities, such as at athletic events, on school buses, and during field trips. At all these times, school districts have a legal duty to ensure that students are safe and secure. This duty also applies to non-gun violence, such as hallway fights.

When school districts cut corners on security and put students at risk, a Carlsbad personal injury lawyer holds them responsible for the injuries they negligently permit. The available compensation in these cases, such as money for economic losses (such as medical bills) and noneconomic losses (such as pain and suffering), help these families put these incidents behind them and move on with their lives.

Duty of Care

California public and private schools have an in loco parentis duty of care. For safety and security purposes, these institutions must treat schoolchildren as if they were their own children. Parents who negligently allow their children to be exposed to gun or other violence usually go to jail and have their children taken away. These remedies are unavailable in civil court, but public and private schools certainly don’t get off scot free. More on that below.

The duty of care in California varies, according to incident-specific facts, such as the owner’s control over the property. In other words, the duty of care is higher for public and private schools at school buildings than on field trips, on school buses, or at athletic contests.

Socioeconomic factors are inapplicable. If a school cannot afford proper security measures, it must find the money somewhere.

This point is important because another relevant factor is the property’s location. Schools in dense urban areas are more at risk than schools in quiet suburban neighborhoods. These schools can find many ways to save money. Cutting corners with regard to student safety and security is not one of these ways.

Your Claim for Damages

Common negligent security hazards at schools include propped-open doors, broken windows, non-working gates, and inadequate live security (e.g. SRO hall monitors). If a school breaches its duty of care, to obtain compensation, a Carlsbad personal injury lawyer always tries the easy way first.

The easy way is quietly giving a public or private school the chance to voluntarily do the right thing. If the school passes on this chance, and it probably will, an attorney must file legal paperwork.

Usually, school districts and other defense lawyers immediately try to get the case thrown out of court. If attorneys diligently collect evidence and build cases before they file petitions, these motions almost always fail.

Discovery usually comes next. Both sides flesh out their claims and defenses. They must also turn over all important evidence to the other side, so there’s no trial by ambush.

Most civil cases settle out of court before they go to trial. Settlement usually occurs during mediation. A third-party mediator ensures that both sides negotiate diligently and in good faith. As a result, civil mediation is about 90 percent successful in California.

Rely on a Detail-Oriented San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

rockinst.org/gun-violence/mass-shooting-factsheet/