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If a student is injured on school property, one of the most important factors governing the possibility and amount of recovery is whether the school is public or private. State and federal institutions are protected by a doctrine called “sovereign immunity.” This has its origins in the English monarchical tradition, holding that “the King can do no wrong.” This means that, in most cases, one cannot sue a government institution unless the state has passed laws allowing such lawsuits. While the federal government and most states have passed laws allowing lawsuits for government negligence, the damages are often capped. For example, in Virginia, they are capped at $100,000, so each victim in the Virginia Tech shooting might only be able to get that amount from the school. However, municipalities and counties generally do not have sovereign immunity, so it may be possible to sue them. With private schools, large judgments are somewhat easier to obtain, since they do not have any special immunity. All land owners have a duty to exercise reasonable care to protect the safety of persons who are on their property. If a property owner fails to exercise this level of care, and causes injuries to occupants of the property, he or she is liable. Whether the school is public or private, a plaintiff will have to prove that the school’s failure to exercise due care caused the injury. To sue a land owner (including a school) for the criminal acts of third parties on the land, one must show that the act was foreseeable, and the land owner did not take reasonable steps to prevent it. This can make recovery for severe criminal acts, such as school shootings, quite difficult. |
