Loading ...
Sorry, an error occurred while loading the content.
 

FW: Indiana school may be liable for shooting injuries : Elections|||companyrx@me.com has shared something with you

Expand Messages
  • Bill Culbertson
    Check out the article linked below. First of all, the language quoted from the court’s ruling is no big deal. That’s boiler plate language courts use in
    Message 1 of 2 , May 21, 2014

      Check out the article linked below.

      First of all, the language quoted from the court’s ruling is no big deal. That’s boiler plate language courts use in deciding motions for summary judgment. It just means that the case must proceed to trial for fact finding, rather than being decided by the judge as a matter of law.

      More importantly, this illustrates that schools can be held liable (Caution: not all states have the same rules on sovereign immunity from tort claims) for claims about their school safety plans. And it points to the threshold that the trial court will use: i.e. whether the school failed in its duty to protect students.

      Keep in mind this is civil, not criminal. It means that schools that don’t meet the new standard (run-hide-fight) in school safety may have to get out their checkbooks after (God forbid) a shooting incident.

      I promote ALICE as having met the new standard years before the standard was published by DHS!

      Bill Culbertson

      Certified ALICE Instructor

      Kenton County (Kentucky) School Board Member

       

       

      From: companyrx@... [mailto:companyrx@...] On Behalf Of companyrx@...
      Sent: Wednesday, May 21, 2014 10:54 AM
      To: companyrx@...
      Subject: Indiana school may be liable for shooting injuries : Elections|||companyrx@... has shared something with you

       

      http://www.nwitimes.com/news/local/govt-and-politics/indiana-school-may-be-liable-for-shooting-injuries/article_f561d54a-03a3-5d4a-b290-848bf2056508.html#.U3y9_1AEIWo.email

      To stop receiving any emails from AddThis, please visit: http://www.addthis.com/privacy/email-opt-out?e=nH3E58r4xube.t_Iwf3U7Ynmwvw

    • Greg Crane
      Excellent points Bill. One of my concerns about adhering to best practices is they always change. So staying current is difficult, but organizations are
      Message 2 of 2 , May 21, 2014
        Excellent points Bill. One of my concerns about adhering to "best practices" is they always change. So staying current is difficult, but organizations are expected to do so, and can be held accountable if they don't. Doing the best you can with all that is available (and affordable) is all that can expected.

        I fought the liability issue for years, telling organizations that ALICE did not make them potentially more liable than telling their people to sit in a corner. I always felt that the latter yielded more civil exposure as it was not going to be considered "best practice" in the near future by the civil juries of their communities who had suffered terrible loses.

        Thanks once again for you local efforts and the support of the ALICE program. Stay safe, Greg.





        Greg Crane
        ALICE Training Institute
        3613 Reserve Commons
        Medina, OH 44256
        330-661-0106


        On Wed, May 21, 2014 at 10:09 AM, 'Bill Culbertson' companyrx@... [responseoptions] <responseoptions@yahoogroups.com> wrote:
         

        Check out the article linked below.

        First of all, the language quoted from the court’s ruling is no big deal. That’s boiler plate language courts use in deciding motions for summary judgment. It just means that the case must proceed to trial for fact finding, rather than being decided by the judge as a matter of law.

        More importantly, this illustrates that schools can be held liable (Caution: not all states have the same rules on sovereign immunity from tort claims) for claims about their school safety plans. And it points to the threshold that the trial court will use: i.e. whether the school failed in its duty to protect students.

        Keep in mind this is civil, not criminal. It means that schools that don’t meet the new standard (run-hide-fight) in school safety may have to get out their checkbooks after (God forbid) a shooting incident.

        I promote ALICE as having met the new standard years before the standard was published by DHS!

        Bill Culbertson

        Certified ALICE Instructor

        Kenton County (Kentucky) School Board Member

         

         

        From: companyrx@... [mailto:companyrx@...] On Behalf Of companyrx@...
        Sent: Wednesday, May 21, 2014 10:54 AM
        To: companyrx@...
        Subject: Indiana school may be liable for shooting injuries : Elections|||companyrx@... has shared something with you

         

        http://www.nwitimes.com/news/local/govt-and-politics/indiana-school-may-be-liable-for-shooting-injuries/article_f561d54a-03a3-5d4a-b290-848bf2056508.html#.U3y9_1AEIWo.email

        To stop receiving any emails from AddThis, please visit: http://www.addthis.com/privacy/email-opt-out?e=nH3E58r4xube.t_Iwf3U7Ynmwvw


      Your message has been successfully submitted and would be delivered to recipients shortly.