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Tragedy Strikes Who’s At Fault When A Kid Harms Another Kid

by Samakow Law

Dear Valued Friend:

Recently I read an article featured in Newsweek. It discussed the tragedy of school shootings and discussed what could and should be done to address this disturbing trend in our schools.
This topic is on all of our minds and has been for waaaaaaaaay too long.

I remember reports of school shootings from decades ago. These tragic events were reported maybe once in a dozen years. They held the attention of the nation and had flags flying at half mass for weeks. Now, these violent and tragic events seem to be just another recognized risk of sending your child to school.

The terrifying reality is that school shootings are happening more and more each decade. Since the beginning of 2023 there have been over seventy confirmed school shootings across the nation. That’s more than one per week, yet only a handful made national news. The sad truth is that we, as a nation have become desensitized to the shock of a school shooting and now only the worst occurrences get nationwide news coverage.

How tragic.

How sad.

Violence in any form is horrible; but when children are involved, it’s so much worse. It takes a darker and more brutal form. These types of tragically sad and all too common events can destroy lives and rock communities for generations.

How terrifying for our young people. Our kids, who we send to school to learn and grow must now live in fear that one of their peers may turn on them with deadly intent. This begs the question, what can be done. Answers from well-meaning parents can range from tighter gun control laws to armed guards at schools. Some parents simply cannot stomach the risk and opt for home school and private tutor groups instead.

Despite your stance on this issue, I think we can agree that for the sake of the grieving families and communities of these fallen young people, someone must be held accountable for this tragedy.
But who?

In some cases, schools may face legal action and potential liability if they are found to have been negligent in their duty to provide a safe learning environment for their students. Negligence could involve poor premises security, failure to address known risks, or insufficient response during the incident. Schools have a responsibility to take reasonable steps to prevent harm and protect their students.

When it comes to the parent of the child who committed the crime, they may be held liable if their actions or negligence contributed to the incident. For example, if the child was able to obtain a weapon because the parents failed to properly secure it in the house; or if the parent knew their mentally unstable child was planning or threatening this type of brutal act, yet the parent didn’t alert authorities, they could be held liable.

Heaven forbid you or someone you care about is ever forced to live through something like this; but if you or anyone you care about is ever in this situation, I would encourage you to seek legal counsel. The at fault party should be held accountable for their actions and the right personal injury attorney can help make this happen.

So now, I ask you, and PLEASE respond … what is your opinion about gun control? In future communications I will share the results of this informal poll.

Lastly, if you or someone you love is ever injured or killed due to a violent act or the negligence of a business or person, please reach out to my office. We are here to help in every way we can.

Call 703-761-4343 or 301-949-1515.

Until next time, please be safe, and NEVER text while driving!

Paul Samakow

Attorney Paul Samakow

See the link below for the Newsweek Story:
When Kids Fatally Shoot Other Kids: Tragedies That Don’t Have to Happen
By HealthDay June 26, 203
https://www.usnews.com/news/health-news/articles/2023-06-26/when-kids-fatally-shoot-other-kids-tragedies-that-dont-have-to-happen

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