Freidin Brown, P.A. attorney Gregory S. d’Incelli has had an article published in the June 2018 issue of The Dade County Bar Association Bulletin. His article – The Issue of Holding Schools Liable for Student Injuries – was inspired by the recent tragic school shooting at Marjory Stoneman Douglas High School in Parkland, Florida, and focuses on the duty of schools to students and the potential remedies and rights available to victims and their families when it comes to seeking justice and compensation for their losses.
Gregory’s article begins by noting how, in the wake of the Stoneman Douglas tragedy, our firm has received questions about the duties and obligations of schools to safeguard children, and whether schools even have a legal duty in this regard. His answer is yes – state law obligates schools to take reasonable measures to protect the safety of students, and negligence that leads to a failure in upholding this duty could give rise to claims from victims and their loved ones.
In his article, Gregory goes on to discuss the legal relationship between schools and students, citing the mandatory requirement that students in the U.S. attend school and case law in which courts have clarified how schools act in the place of parents. He also discusses examples of notable Florida cases where courts have found a duty on the part of schools, including cases of sexual assault, hazing injuries, assaults between students, student athlete injuries, and more.
Ultimately, Gregory notes there is ample reason to anticipate that a Florida court would find that schools like Stoneman Douglas and the presiding school board owe a duty to its student population under the circumstances. However, he adds, the extent of the duty and proving whether a school should have taken more or better steps to supervise and protect students will require further insight into the specific facts and circumstances involved, and will be a question for a jury to answer.
You can read Gregory’s full article on page 7 of The Dade County Bar Association Bulletin. Click hereto read more.
A monthly publication intended to provide local news and informational resources to attorneys who practice in Miami-Dade County, the DCBA Bulletin routinely features some of the area’s top legal minds as they share insight into challenging legal topics. The Bulletin’s publishing of Gregory’s article is a testament to the importance of the issues raised and the trust Attorney d’Incelli has earned as a Miami personal injury attorney.
As a proven trial attorney, Gregory d’Incelli leverages his experience as a former insurance defense lawyer to protect the rights of victims and families following preventable injuries. At Freidin Brown, P.A., he focuses his practice on serious personal injury and medical malpractice cases, and has earned recognition for his abilities and record of success, including inclusion in Florida Super Lawyers Magazine’s list of Rising Stars for four consecutive years.
If you would like more information about student injuries, school liability, and personal injury lawsuits, our legal team is readily available to help. Contact us 24/7 for a free consultation.