Since Columbine H.S. shooting in Colorado and various college campus shootings including the Virginia Tech shooting I am increasingly curious as to the litigation potential for the aftermath of these events. But first of course as most know the Tort Regime in the USA is controlled soley by the STATES and their courts and judicial decisions and not by the Federal government. Even the Federal Tort Claims Act of 1947 is premised on the existence and controlling impact of each STATES Tort Law. Arguing for federal reform of Tort Law is a long term effort by some but of course what is seldom discussed is that it would federalize Tort law from the current system.
Just a reminder the tort regime in each states requires the following:
1. An injury to a person or property.
2. A standard of care either locally or nationally.
3. The breach of the standard of care resulting in the injury.
4. Damages resulting from the breech of the standard of care resulting in the injury.
5. The amount of direct damages and/or punitive damages.
In till a standard of care is erected K-12 schools and colleges and universities will probably not be immune from suit but probably are immune from damages. This is wrong and hopefully articles in the formal academic literature like the ones below and the gray literature will wake up some Judge to erecting a standard of care.