Active shooter events in the U.S., unfortunately, are becoming
more frequent — so much so that the
Wall Street Journal reported this week that school districts
are stepping up purchases of insurance against such events. The
incidents raise many questions, and a persistent one in a legal
context is, "Should anyone besides the shooter be held
liable?"
According to the Federal Bureau of Investigation, between 2000
and 2017 there were 250 active shooter incidents. They resulted in
799 victim deaths and 1,418 wounded. Often, victims and their
families understandably seek to hold someone other than the shooter
accountable for failing to prevent these acts of criminality or
terrorism. Although this type of litigation is always emotionally
charged, the legal concepts of foreseeability, duty and reasonable
care are the key factors used to determine liability.
