Zwerner vs. School Board: Can a Teacher Sue After a Student Shooting?
Introduction:
In January 2023, a first-grade teacher, Abby Zwerner, was shot by a 6-year-old student in her classroom at Richneck Elementary School in Newport News, Virginia. This horrific incident has sparked a debate about teacher safety and whether educators can sue school boards for injuries sustained in the line of duty. The question “Zwerner vs. School Board: Can a Teacher Sue After a Student Shooting?” has become a focal point in discussions about school liability, negligence, and the rights of teachers in the face of violence. In November 2025, a jury awarded Zwerner $10 million in her civil lawsuit against the former assistant principal, Ebony Parker, highlighting the potential for legal recourse in such cases.
The Zwerner Case: A Turning Point?
Abby Zwerner’s case brought to light several critical issues:
- Negligence: The lawsuit alleged that school administrators, specifically former assistant principal Ebony Parker, ignored multiple warnings that the student had a gun and was in a “violent mood” on the day of the shooting.
- Duty of Care: The central legal question was whether the school officials had a duty of care to protect Zwerner from foreseeable harm and whether they breached that duty through their inaction.
- Gross Negligence: To succeed in her lawsuit, Zwerner had to prove that the school officials’ conduct amounted to gross negligence, meaning a complete disregard for her safety and well-being.
The $10 Million Verdict:
In November 2025, a jury found Ebony Parker liable for gross negligence and awarded Zwerner $10 million in damages. The jury agreed that Parker willingly ignored multiple warnings that the child brought a gun to school. This verdict, while less than the $40 million Zwerner sought, is a landmark decision that could have significant implications for school safety and teacher rights.
Can Teachers Sue After a Student Shooting?
The Zwerner case doesn’t automatically open the floodgates for teacher lawsuits after student shootings. However, it does establish a precedent that school officials can be held accountable for their negligence in preventing foreseeable harm. Here’s a breakdown of the legal landscape:
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Workers’ Compensation:
- In many states, including Virginia, workers’ compensation is the primary remedy for workplace injuries.
- Workers’ compensation provides benefits for medical expenses and lost wages, regardless of fault.
- However, workers’ compensation may not fully compensate teachers for their pain, suffering, and emotional distress.
- In Zwerner’s case, the school board initially argued that her injuries should be covered by workers’ compensation, not a lawsuit.
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Negligence Lawsuits:
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To sue a school board or school official for negligence, a teacher typically must prove that:
- The school board or official had a duty of care to protect the teacher from harm.
- The school board or official breached that duty through their actions or inactions.
- The breach of duty was the direct cause of the teacher’s injuries.
- The teacher suffered damages as a result of the injuries.
- In Virginia, lawsuits against schools typically require proof of gross negligence.
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Sovereign Immunity:
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Public schools are government-run and may be protected by sovereign immunity, which shields them from lawsuits.
- However, sovereign immunity is not absolute, and individual employees may be held responsible for acts of gross negligence or misconduct.
- In the Zwerner case, a judge previously dismissed the district’s former superintendent and the school principal as defendants, while the assistant principal was found liable.
The Role of Foreseeability:
A key factor in determining liability is whether the harm was foreseeable. In the Zwerner case, the jury found that it was foreseeable that the student could harm a teacher, given the multiple warnings that were ignored.
What Legal Options are Available for Teachers Injured in School Shootings?
If a teacher is injured in a school shooting, here are some potential legal avenues to explore:
- Workers’ Compensation Claim: Filing a workers’ compensation claim to cover medical expenses and lost wages.
- Negligence Lawsuit: Consulting with an attorney to determine if there is a basis for a negligence lawsuit against the school board, school officials, or other responsible parties.
- Third-Party Lawsuit: Investigating whether there are any third parties who may be liable for the shooting, such as the gun manufacturer or the student’s parents.
The Importance of School Safety Measures:
The Zwerner case underscores the importance of implementing comprehensive school safety measures, including:
- Threat Assessment Protocols: Establishing clear protocols for assessing and responding to potential threats.
- Reporting Mechanisms: Providing easy and confidential ways for students, teachers, and staff to report concerns.
- Training and Education: Training teachers and staff on how to identify and respond to potential threats.
- Security Measures: Implementing appropriate security measures, such as metal detectors, security personnel, and controlled access to the building.
Advice for Teachers:
- Report Concerns: If you have any concerns about a student’s behavior or potential threats, report them to school administrators immediately.
- Document Everything: Keep a record of all incidents, warnings, and communications with school officials.
- Know Your Rights: Familiarize yourself with your rights as a teacher, including your right to a safe working environment.
- Seek Legal Advice: If you are injured in a school shooting or other violent incident, consult with an attorney to explore your legal options.
Conclusion:
The Zwerner vs. School Board case highlights the complex legal issues surrounding teacher safety and school liability in the wake of student shootings. While workers’ compensation may be the primary remedy for workplace injuries, teachers may have grounds to sue school boards or officials for negligence if their actions or inactions contributed to the harm. The key is to establish that the school board or official had a duty of care, breached that duty, and that the breach was the direct cause of the teacher’s injuries. Moving forward, schools must prioritize safety measures and create a culture of vigilance to protect teachers and students from violence.
Call to Action:
If you are a teacher who has been injured in a school shooting or other violent incident, it is essential to seek legal advice to understand your rights and options. Contact our firm today for a consultation.