20 U.S.C. § 7947 — Allocation of responsibility for noneconomic loss
submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 228 words · no verdicts yet
In lawsuits against teachers for job-related harm, each teacher pays only their fair share of noneconomic damages. A jury or judge decides what percentage of blame each responsible person carries. States can still limit shared liability even further under their own laws.
(a) When this applies. In a lawsuit against a teacher*, based on something the teacher did or failed to do within their job or responsibilities to a school* or government entity, the teacher's liability for noneconomic loss* (things like pain and suffering, not dollar losses) follows subsection (b).
(b) How much each teacher pays. (1)(A) Each teacher who is a defendant is liable only for their own share of the noneconomic loss — the percentage matching how responsible they were found to be. This replaces "joint and several" liability, where one defendant could otherwise be forced to pay the whole amount. (B) The court must enter a separate judgment against each defendant for that defendant's own share. (2) To figure out each teacher's percentage of responsibility, the jury or judge (the "trier of fact") decides how responsible everyone involved was for the harm* — even people who are not part of the lawsuit.
(c) States can go further. Nothing in this section stops a federal or state* law from limiting joint liability even more than this section already does, for the same kind of lawsuit.
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).
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.
The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).
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.
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.
Source credit: (Pub. L. 89–10, title VIII, § 8557, formerly title II, § 2367, as added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1670; renumbered title IX, § 9547, renumbered title VIII, § 8557, Pub. L. 114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089.)
- 2002Enacted · Pub. L. 89-10 · 115 Stat. 1670
- 2015Amended · Pub. L. 114-95 · 129 Stat. 1913, 2088, 2089
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.
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