Does Floridas Sovereign Immunity Shield a School from Liability- even if it is negligent?
Sovereign Immunity in Florida (Section 728.28, Florida Statutes) caps damages of governmental negligence to a maximum recovery of $100,000. This means if your child is in football and the coach does not permit adequate water drinking to players, and your child dies, there is a maximum recovery of $100,000. The child that was bound and sexually assaulted two years ago at Coral Gables Elementary? Recovery was maxed at $100,000 despite that the school had not performed a background check to determine what previous allegations of similar acts lurked in the teacher’s history. The system is not working, even Senate President Jim King (who has since died), tried to reform it back in 2002, without success. Florida schools have recently been a microcosm of bullying violence over the last two years. Just this last October, one student was fatally stabbed and another was set on fire and burned. The first student, Juan Carlos Rivera, was killed when a rivalry over a girl erupted with a classmate,
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