this post was submitted on 12 Aug 2023
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cross-posted from: https://lemmy.world/post/3089104

NEWPORT NEWS — The Newport News Education Association President condemned the premise of the school division’s motion to dismiss Abigail Zwerner’s pending $40 million lawsuit.

The motion was filed last week by attorneys representing the School Board and argues that Zwerner, who was shot in her classroom at Richneck Elementary in January by a 6-year-old student, is only entitled to file a worker’s compensation claim because the injury she sustained from the shooting is a “workplace injury,” and that the shooting was a hazard of the job.

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[–] DigitalTraveler42@lemmy.world 146 points 1 year ago (6 children)

You guys saying "well are they wrong?" Are missing the point, the lawyer is attempting to normalize school shootings, and he's trying to do this in order to let the school get away with not taking the appropriate steps to prevent this incident from happening.

[–] Atomic@sh.itjust.works 10 points 1 year ago (5 children)

Not fair to blame the lawyer though. He's hired to defend them to the best of his ability.

You want to be mad. Be mad at the school that agreed that this is the defense they agreed to go for.

[–] iegod@lemm.ee 18 points 1 year ago (2 children)

You know, fuck that. I don't agree. The lawyer is willfully making people and society worse in this defense, consciously. That is indefensible and condemnable.

[–] RickyRigatoni@lemmy.ml 17 points 1 year ago (1 children)

There's nothing stopping lawyers from dropping clients that make them go against their morals, so either the lawyer has no morals or their morals weigh less than the paycheck they'll get.

[–] Atomic@sh.itjust.works 4 points 1 year ago

They're there to do their job. Creating the best defense possible. Why is that not fair given that the prosecution will do everything in their power to maximize damages?

I don't agree with the defense either. But who am I to say they can't have one? It's for the court to decide what happens next. I fully expect the prosecution, and the court to slam the defense to the ground.

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[–] CaptPretentious@lemmy.world 4 points 1 year ago

So this normalization extends than to lawyer offices too right...?

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[–] Damage@slrpnk.net 115 points 1 year ago (4 children)

Well, okay then. Did the school do everything it could to mitigate this professional hazard?

Let's see the "school shooting" part of the risk assessment, the prevention steps taken, the training, and so on.

[–] altima_neo@lemmy.zip 21 points 1 year ago

Time to bring in OSHA

[–] CCatMan@lemmy.one 9 points 1 year ago

Yeah, this argument is likely going to backfire for the school.

[–] AbidanYre@lemmy.world 6 points 1 year ago

Do the ALICE drills count?

[–] Moyer1666@lemmy.ml 55 points 1 year ago (3 children)

Workplace injury?? It's a school, not a fucking shooting range.

[–] Atomic@sh.itjust.works 7 points 1 year ago

I expect nothing else but for the judge and prosecution to absolutely dunk on that defense

[–] Empricorn@feddit.nl 6 points 1 year ago* (last edited 1 year ago) (1 children)

I'd love to see the data on deaths at shooting ranges vs schools. And by "love" I mean that I'll probably be queasy to learn more people die at schools than shooting ranges.

[–] darcy@sh.itjust.works 8 points 1 year ago

i mean...there is a LOT more security/safety measures in a shooting range Because there are a lot more guns. even if someone went on a killing spree they would be shot by one of the other dozen people holding a loaded weapon. not defending school shootings.

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[–] atrielienz@lemmy.world 40 points 1 year ago* (last edited 1 year ago) (2 children)

If we're not going to enact common sense gun laws and protections for the public, then it is a workplace injury. She should still be allowed to sue those responsible for not protecting her and the children in her care, but when you normalize school shootings this is what you get. If a cop can say getting shot is a workplace injury and receive compensation for the rest of his life, so should she.

[–] aard@kyu.de 43 points 1 year ago (1 children)

If I understand the article correctly they're trying to say it's a workplace injury to cap the payout to something lower than she was trying to get.

[–] atrielienz@lemmy.world 23 points 1 year ago

That's absolutely what they're saying. And I don't agree that the payout should be capped. Especially when in some places it's not capped for cops. But on the other hand... This is the worst time line.

[–] NounsAndWords@lemmy.world 9 points 1 year ago

The way the law is set up (and thus the reason the lawyers are arguing it) is that you can't sue your employer for a workplace injury, it is purely a workers compensation (insurance) claim, and those do not pay any millions of dollars, and also the school would be covered by their insurance.

[–] Hyzerflip@lemmy.world 37 points 1 year ago (2 children)

Were they at work when the injury occurred? Check Were there safeguards that the workplace could have done to prevent the injury? Check.

[–] sramder@lemmy.world 7 points 1 year ago

They actually searched the kid for a gun and didn’t find it because it was hidden in his pants.

[–] Specific_Skunk@lemmy.world 5 points 1 year ago

“Safeguards” lol. In America, gun safety lock is safeguard enough.

[–] vertigo3pc@lemmy.world 37 points 1 year ago

Capitalism demands reducing human lives to resources.

[–] SouthEndSunset@lemm.ee 27 points 1 year ago (1 children)

Wanting to not get shot at work is so woke...

[–] dreugeworst@lemmy.ml 4 points 1 year ago

yeah man the woke libtards have gone too far, do they really expect to survive their jobs?? so privileged!

[–] inclementimmigrant@lemmy.world 22 points 1 year ago

Only in in gun nut America would anyone in their right mind would call being fucking shot a 'workplace injury'. I mean if this is what is expected then they should be making 100K+ a year since they face being shot more than being a cop.

[–] aceshigh@lemmy.world 14 points 1 year ago

James Graves, the president of the Newport News teachers union

Graves said, “These lawyers have started a significant hurricane in our district by saying that being shot is part of what teachers signed up for.”

this is grim but when i saw his last name, the first thing i thought of was nominative determinism theory (hypothesis that people tend to gravitate towards areas of work which reflect their names.)

lastly, at what point does something become labeled a "work hazard"? i'm looking forward to seeing how this case pans out. also, i wonder how insurance companies are going to react to this.

[–] MonkderZweite@feddit.ch 10 points 1 year ago

So cops being shot is too?

[–] ThePantser@midwest.social 10 points 1 year ago

What happened to holding the parent liable for what their kids do? Like the Oxford MI shooting the parents were charged. Lets keep doing that, keep charging the parents for the kids crimes. Maybe parents will take a more vested interest in what the fuck their kids are doing, watching, websites they are viewing.

[–] someguy3@lemmy.ca 6 points 1 year ago* (last edited 1 year ago)

I wonder if you're a postal worker and get shot by another postal worker if it's a workplace injury. If that's a workplace hazard.

[–] nonfuinoncuro@lemm.ee 6 points 1 year ago (1 children)
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