Schools should be a safe place for students, but as we all know, they often aren't. When something bad happens to a student at school, students and parents should be able to sue the school if that school contributed to the harm. Unfortunately, legal recourse can be difficult because public schools are afforded certain immunities under laws like Pennsylvania's Political Subdivision Torts Claim Act (“PSTCA”).

The PSTCA provides public school's strong immunities from tort litigation brought by private citizens, meaning those who've been harmed by a school's negligence or recklessness often have no recourse against the school. In the last few years, however, amendments to the PSTCA have leveled the playing field in a way that gives students and parents more opportunities for justice.

A New Exception Helps Victims Overcome the PSTCA

Statutes like the PSTCA can be helpful in preventing frivolous lawsuits, but what happens when a school's negligence leads to a student's harm? This is often the case when a student becomes the victim of sexual misconduct. In some cases, students are harmed by school personnel, and sometimes they're harmed by other students. In 2019, Pennsylvania lawmakers changed the PSTCA so that those harmed by sexual abuse can more easily bring a lawsuit against public school districts when the school failed to prevent the harm.

The law's amendments aren't offered carte blanch, and in order to effectively utilize the new changes to the PSTCA, the sexual abuse victim must be able to prove:

• The school's omissions or acts were negligent and resulted in injuries to the plaintiff

The 2019 amendment to the PSTCA may signal a shift in policy priorities in the wake of the Me Too movement and high-profile cases of sexual assault on campus. Jurisdictions throughout the country have laws like the PSTCA, and it's likely that similar exceptions will also arise within those states.

Speak to an Experienced Student Defense Attorney Today

Sexual abuse cases can be difficult to prove, and each case is fact specific. The success of a lawsuit against a school for injuries related to sexual abuse will depend on state laws and court interpretation of those laws. In addition to cases that play out in civil court, the college or university involved will administer its own disciplinary proceedings.

If you're involved with a sexual abuse claim at your school, you need to speak with an experienced attorney-advisor who can help you understand what to expect from your school. It's always important to have your own advocate in disciplinary proceedings because there's absolutely no doubt that the school and parties adverse to you will have theirs. Contact the LLF Law Firm to learn how he and his dedicated team can help you today. Call 888-535-3686 or contact us online.