Parkland Middle School student hit, killed on Loop 375 after leaving campus during walkout

The school shouldn't have let the student participate.

 

If the school district ends up on the Hook for double digit millions of dollars, the schools may be more pro active in stopping student "protest" walkouts.

 

"In this case, even though the school failed to monitor the student and stop him from leaving school"

In court that's called negligence.

 

I presume you know that the children involved in the walk out did not leave the school grounds?

 

So you are saying that any child that skips school at any time and hurts himself away from school can sue the school for negligence?

 

Why wasn’t Hog at school when the shooting started?

 

We know he crossed the highway the is adjacent to the school in an attempt to go to the park across it. That's fairly foreseeable, that a kid would want to cut out and go to the park with the dangerous condition in between. He's 10, they require quite a bit of supervision in the circumstance of an entirely unnecessary school-wide impromptu outdoor assembly.

 

Of course there isn't a duty to get a waiver. There isn't a duty to GIVE one either. A waiver is something you give so your student can participate in out of the norm activities that will expose them to a higher risk of injury. It ACKNOWLEDGES AHEAD OF TIME the likelihood of injury and is used to stymie the claim of "but I had no IDEA it was this dangerous and wouldn't have allowed it if I had!!".
Get a job hippie, you're really bad at being an armchair legal expert.

Go back and read and then answer the question. Outings weren't in question dear. Try harder.

 

What does this have to do with my point? There are all sorts of reasons a child might walk out, including a protest against open carry.

 

your point is off topic and stupid.

that sounds stupid and if something is so stupid it's probably not true.

 

Get back to me when the NRA shoots up schools. See how that works?

 

Apparently, you don't understand teachers have their hands full providing instruction with large classes and too few resources.

 

There was no shooting in this event. But otherwise you really need to catch up - he was in the classroom at the time when 17 were killed

 

Yes In do understand the concept completely. It is a similar concept of law we bumped into in the property / casualty field of insurance. When you leave your car to test evaluate , repair and test the garage has the care custody and control of your car therefore they are liable for damages if they were negligent. Notice IF. IF you stop,it off you give them the keys and tell them it is outside. The mechanic goes to start the car the engine freezes up. You start screaming that they were responsible since they had care custodyband control. The garage proves that your engine was out of oil and you obviously ne er checked and or ignored the check engine light for six months.

The had the care, custody, and control of the child and would be liable IF they did not excercise proper care that is under their control. In order to proove the school was negligent you need to proove that they did not take reasonable precautions. Discovery as to what happened would need to be determined :

-did the child disobey the school authiritiies and left the control boundaries of the school administrators?
- did the school require and enforce a signed parental permission for the child to participate?
- was this walk out activity on school ground?
- where the a reasonable amount of school staff controlling the envelope boundaries of this walk out / demonstration?
-did the school authorities allow the walkout to extend out side of school grounds?
- did the kid disobey the school authorities and hence leave the border or envelope of school control?

The legal concept of care custody and control is not absolute. In the case of a school let's say the school as in the old days held a prom or graduation party on school grounds. You kid leaves the prom and down the road gets alchohol from fellow students or older former students then drives off with his date. He crashes and he and his passenger his date get hurt. You and the girls parents sue and claim that the school is liable for holding the prom or graduation party and your attorney claims that if the school did not sanction the prom or party your kid would not have drank alchohol and crashed.

Edit enhanced the example of garage care custody and control.

 

Uh huh. It's was stupid to point out you were wrong about the protest being meaningless because you assumed incorrectly you have a constitutional right to open carry.

Too much Angry Middle-Aged White Male Rightwing Religious Traditionalist Open Mouth Media Echo Chamber time. You need to take a deep breath.

 

it's God's fault, if God was watching over him... all part of a God's plan? what a crazy plan, the list can go on and on, pretty stupid

remember all those that die because of a crime are considered murdered by the one committing the crime, so add one murder onto the mass murderers total, if that mass murder had not happened, this boy would still be alive

 

Not even for a parent. I remember a case in law class where the kid slammed a door on a third party who sued the parent for not adequately supervising the child. The court decided the parent couldn't have anticipated the child's action and was therefore not liable for damages.

 

You're ready, are you? A large school might require more than a dozen or two monitors who must be given breaks, meals, and so on. You must have money burning a hole in your pocket.

 

Did the school not get a permission slip? If not then the school hurt it's position on liability. Still we need more facts.

 

Thank you for supporting my point with a great example.

 

The school won't be held responsible in this case.

I don't think you have any idea about what the cost would be to closely supervise middle school children. And guess who would be on the hook for double digit millions of dollars. You.

 

if we built schools like prisons like Trump wanted, this never would of happened, need big walls, lots of razor wire

 

I taught high school for three decades and spent many years planning and conducting events as the sponsor of student government. The lawyers made is absolutely clear the waiver made absolutely no difference where our liability was concerned. None. Zero. Zilch. Nada. Zip.

 

Here is an example : A school has sports fields on the school grounds and the school is adjacent to a highway. On the other side of the highway is a store that sells gaming software. A 12 year old kids leaves the sports field on school grounds and gets hit. A bus in his attempt to cross the highway. The parents sue the school for failure to keep control of the kid. The suit claims that the school is liable because the kid was outside during a school activity.

The school says it it's defense that the child bolted out of school grounds without permission.

The parents claim that the school should have had scecurity officers ringing the school to prevent a kid from escaping school grounds.

 

You are going to be accused of laughing at the death of a kid as I was.