SCHOOL SHOOTING: "IN LOCO PARENTIS"
Posted by jimjamesjames 7 years, 2 months ago to Education
The term in loco parentis, Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.
Would seem to me that a school that assumes the right of 'in loco parentis" also assume the responsibilities of "in loco parentis" and, thus, is responsible for the safety of the child/ren. If they fail in that regard, to protect the child/ren, they are culpable and liable for damages.
I think the parents of all school shooting victims have standing to pursue remedies, individually or through a class-action lawsuit
Would seem to me that a school that assumes the right of 'in loco parentis" also assume the responsibilities of "in loco parentis" and, thus, is responsible for the safety of the child/ren. If they fail in that regard, to protect the child/ren, they are culpable and liable for damages.
I think the parents of all school shooting victims have standing to pursue remedies, individually or through a class-action lawsuit
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If an entity assumes, via "in loco parentis" the responsibility for a child, they assume "being prepared," just as a parent would (try to) be prepared. I am prepared for a home invasion which would protect my kids; a school (after Columbine and on) must assume the responsibility to be prepared. School shootings are no longer "freak perils" or, in another term, "and act of God." They are real and to not prepare is to be willfully negligent, to be willfully negligent is to be liable.
I'm thankful to those who are prepared for a shootout with a madman, but I can't see suing someone for not being prepared for it.
Maybe there's a legal standard to deal with what's a foreseeable peril. It sort of reminds me of when I did a fundraiser walk event and one of the disclosures was something like, "by participating in this event I acknowledge that walking entails some risk, and I indemnify...." I thought that should go without saying.
To me that means you would act as a reasonable parent would to keep the kids safe. If a room is on fire and the kid panics or doesn't realize the gravity of the situation, and adult should remove the child from the area.
I do not think the law should require schools to protect kids against every freak peril. Even with good parents present, freak perils still hurt/kill children.
Some people have this neurosis that if someone obsessively watches children and restricts their every movement, no harm can come to them. Sadly, it's not true.
We used a Baptist church's summer camp last year. I disagree with most of the religious stuff they teach, but I love how they let kids play and don't obsess about safety: "If God decides it's time for you to come home, there's nothing you can do. It's all part of a greater plan we're not meant to understand in this life." We shouldn't have to believe in gods to find that equanimity.