20 U.S.C. § 7947: Allocation of responsibility…

Summary

When a teacher is sued for something they did or didn’t do while working for a school or the government, the teacher only has to pay the part of non-money damages (like pain and suffering) that matches their share of fault. A judge or jury decides each person’s percentage of responsibility and the court enters a separate judgment for each teacher. The judge or jury must consider everyone who caused the harm, even people not in the lawsuit. Federal or state laws that further limit joint liability still apply.

Title 20, §7947

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(a)General rule

In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).

(b)Amount of liability

(1)In general

(A)Liability

Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.

(B)Separate judgment

The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).

(2)Percentage of responsibility

For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant’s harm, whether or not such person is a party to the action.

(c)Rule of construction

Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this section.

Editorial Notes

Codification Section was classified to section 6737 of this title prior to renumbering by Pub. L. 114–95.

§7947 Allocation of Responsibility for Noneconomic Loss

Summary

Title 20, §7947

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata