In a case likely to be closely-watched both for the high-profile nature of the underlying incident and the precedent it’s likely to set for victim compensation claims against school districts and other Florida government agencies deemed liable in mass casualty incidents. the Florida Supreme Court has accepted review of a lawsuit against the Broward County School Board for failure to protect children from the mass shooting incident at Marjory Stoneman Douglas High School in Parkland.
When oral arguments are held in late August, justices will be analyzing whether damage caps applied to government liability claims should be adjusted when multiple people are harmed or killed. The court scheduled for the same day a similar case against the Florida Department of Children and Families.
Florida Sovereign Immunity Law Caps Damages for School Liability
Broward wrongful death lawyers can explain the key issue will be an interpretation of Florida’s sovereign immunity law, F.S. 768.28. If you sue a state government agency – whether it’s a police department, city government, school district or larger state agencies – those damages are capped at $200,000 per person and $300,000 per incident. The question is whether these deaths all occurred as a part of one incident, and thus all parents are required to split the $300,000, or whether each shot fired was a separate incident, and thus entitling each individual claimant to $200,000. Continue reading