In Florida and other States, children are the unfortunate victims of shootings at schools, shopping malls, homes, and, most recently, while riding a school bus. CBS News and other stations and news outlets reported that Lourdes Guzman-DeJesus was shot by another student while on a school bus for the Palm Glades Preparatory Academy. It was a tragic and unexpected death for the family, school mates, and the community. See Parents Stunned by Shooting on Florida School Bus.
When a death or serious personal injury takes place during a school activity or function or during school transportation, there may be a case to pursue for the damages resulting from the incident. The key word in the last sentence is “may”. In other words, it is possible to pursue a case or claim depending on the facts and circumstances surrounding the incident. Under Florida law, a school or day care center is not liable for every incident causing injury or death while a child is under the supervision or care of the school or day care center. However, a school or day care center is liable if the incident was caused by the negligence of school employees. If the incident was foreseeable and preventable to some extent, then a legal case or claim may be pursued. When there is a gun involved, the owner of the gun may be held criminally or civilly responsible if the gun owner failed to lock up or otherwise secure the gun from the use or access of children. When there is a a shooting at a school or day care center, the following questions may be part of an investigation regarding a potential criminal case against the shooter and / or civil case against the school or day care center.
Who was the owner of the gun involved in the shooting?