Teacher Shot by Student: Can Schools Be Held Liable for Negligence in Preventing Gun Violence?

The unthinkable has happened: a teacher is shot by a student at school. In the wake of such a tragedy, a crucial question arises: Can schools be held liable for negligence in preventing gun violence? This question is not just about assigning blame, but about ensuring safer learning environments for our children and educators. According to Education Week, since 2018, there have been 234 school shootings in which at least one person was killed or injured. This article explores the complex legal landscape surrounding school liability in cases of gun violence, examining the duty of care schools owe to their students and staff, potential legal challenges, and strategies for preventing future tragedies.

The School’s Duty of Care: A Legal and Ethical Obligation

Schools are generally regarded as safe havens for children, where they can learn and grow in a secure environment. This expectation is underpinned by a legal and ethical obligation known as the “duty of care.” This duty requires schools to take reasonable steps to ensure the safety and well-being of their students. It extends beyond physical safety to encompass emotional and psychological well-being, demanding that educators act as a reasonably prudent person would under similar circumstances. Fulfilling this duty is essential for creating a safe learning environment and fostering trust between students, parents, and the educational institution.

The duty of care includes several specific responsibilities:

Supervision: Properly supervising students during school hours and activities.
Safe Environment: Providing a safe and healthy physical environment, including maintaining facilities and equipment.
Response to Threats: Responding to reports of bullying, harassment, or discrimination.
Protection from Abuse: Ensuring students are protected from abuse, whether by teachers, staff, or fellow students.
Special Needs: Making accommodations for students with special needs or disabilities to facilitate their safety and inclusion.

Negligence and School Liability: Proving a Breach of Duty

When a school fails to uphold its duty of care, it may be considered negligent. In legal terms, negligence occurs when a party fails to exercise the level of care that a reasonable person would exercise under similar circumstances. In the context of school shootings, proving negligence can be complex. A personal injury attorney must demonstrate that the school owed a duty of care to the victim, that the school breached that duty, and that the breach directly caused the injury or death.

Several factors are considered when determining liability in cases of negligently caused student injuries:

Standard of Care: The court will consider what a reasonable school would do under similar circumstances.
Foreseeability: Schools are expected to anticipate potential risks and hazards.
Supervision: Adequate supervision is crucial, especially for younger students.
Maintenance and Safety Protocols: Schools must regularly maintain facilities and equipment to ensure safety.

Legal Challenges and Defenses: Governmental Immunity and Foreseeability

Despite the duty of care, holding schools liable for gun violence is not always straightforward. Schools can raise several legal defenses, including governmental immunity and the argument that the shooting was not foreseeable.

Governmental Immunity: Public schools, as government entities, are often protected by sovereign immunity, which makes it difficult to sue them. To overcome this immunity, a plaintiff typically needs to prove “gross negligence,” defined as conduct so reckless as to demonstrate a substantial disregard for whether injury results.
Foreseeability: Schools can argue that they could not have reasonably foreseen the shooting. Courts have held that schools do not have a duty to protect students from general criminal activity that is unforeseeable. However, schools do have a legal duty to protect students from foreseeable violence.

The “State-Created Danger” Doctrine: A Potential Avenue for Liability

One possible avenue for imposing liability is the “state-created danger” doctrine. Under this theory, families may recover damages if they can establish:

An affirmative act by the school that either created or increased the risk to the students.
Actions of the school that placed the specific victims at a “special” risk of harm.
The school’s knowledge that its actions specifically endangered its students.

Preventive Measures and Strategies: Creating Safer Schools

While legal action can provide recourse after a tragedy, the focus should be on preventing gun violence in schools. A multi-faceted approach is essential, combining school-based interventions with strong gun safety laws.

Gun Violence Prevention Policies:
- Secure Storage Laws: Enacting and enforcing secure firearm storage laws to prevent children from accessing guns.
- Extreme Risk Laws: Empowering family members, law enforcement, and educators to petition a court to temporarily prevent a person from accessing guns when they pose a risk to themselves or others.
- Background Checks: Requiring background checks on all gun sales to prevent teenagers and prohibited persons from acquiring firearms.
- Raising the Minimum Age: Raising the minimum age to purchase semiautomatic firearms to 21.
School-Based Strategies:
- Fostering a Safe and Trusting School Climate: Creating a supportive and respectful environment where students feel safe to talk to each other and to staff.
- Crisis Intervention Programs: Implementing trauma-informed crisis intervention practices to identify and de-escalate dangerous situations.
- Mental Health Support: Ensuring sufficient mental health counselors are available to create a safe school climate.
- Informing Parents About Secure Gun Storage: Notifying families about the importance of secure firearms storage.
- Implementing School Security Enhancements: Implementing access control measures, such as single-access points, fencing, and door locks.

The Zwerner Case: A Landmark Lawsuit

The case of Abigail Zwerner, a Virginia teacher shot by a 6-year-old student, highlights the complexities of school liability in gun violence cases. Zwerner filed a \$40 million lawsuit against school officials, alleging gross negligence for ignoring multiple warnings that the boy had a gun and was in a “violent mood.” The Newport News School Board argued that Zwerner’s injuries fell under the state’s workers’ compensation act and could not be addressed through a lawsuit. However, a judge ruled that Zwerner could proceed with her lawsuit, arguing that the shooting was a personal attack and not simply a workplace injury. This case could set a precedent for future lawsuits against school officials in the wake of school shootings.

Conclusion

The question of whether schools can be held liable for negligence in preventing gun violence is a complex one, with legal, ethical, and practical considerations. While schools have a duty of care to protect their students and staff, proving negligence and overcoming legal defenses can be challenging. The focus must be on implementing comprehensive strategies to prevent gun violence in schools, including enacting strong gun safety laws, fostering safe and supportive school climates, and providing adequate mental health support. By taking proactive steps, schools can create safer learning environments for all students and educators.