Do Unique Virginia Laws Protect Virginia Tech in a Potential
Liability Case?
Legal Expert Available to Address Key Elements of Liability in
Virginia Tech Tragedy
VIRGINIA BEACH, Va. (Business Wire EON/PRWEB ) April 20, 2007 --
In the wake of the Virginia Tech tragedy, Americans are questioning what
could have been done to prevent such a massive loss of human life.
Sorrow is mixed with anger as students, their families and the public
debate whether a different response by Virginia Tech’s
administrators could have prevented the second deadly round of attacks.
But the question of liability regarding institutional sovereign immunity
in the Commonwealth of Virginia remains to be addressed by the media.
According to Virginia attorney and legal security expert, William D.
Breit, “Sovereign Immunity essentially means
that Virginia Tech cannot be sued, except under certain provisions in
the Virginia Tort Claims Act. In other words, under Virginia law the
school may only be held liable under limited circumstances unique to the
Commonwealth.”
The issue in people’s minds of whether the
students at Norris Hall could have been spared if the university
responded differently may also prove to be a contentious legal issue.
Ordinarily, under Virginia law, Virginia Tech would not be responsible
for the criminal assault committed by a student. However, in Virginia
there are unique exceptions to this rule that may make the school
responsible for failing to take appropriate action.
Breit has argued similar cases of third party liability in a criminal
assault before the Commonwealth of Virginia Supreme Court. He is
available to comment on the public debate regarding legal issues unique
to Virginia that the university may face and how the courts would
determine whether Virginia Tech could be held accountable for the
tragedy.
Questions that Breit is available to discuss include:
-
What are the key liability issues facing the university?
-
Is Virginia Tech responsible for criminal assaults committed on campus
by third parties?
-
Is Virginia Tech entitled to sovereign immunity, a recognized legal
doctrine in the Commonwealth of Virginia?
-
Did they have actual notice that a crime was being committed on their
property and did they fail to take necessary precautions?
To schedule an interview or television appearance with Mr. Breit, please
call (757)575-1255.
About William D. Breit
William D. Breit earned his Juris Doctor from The College of William and
Mary and has been practicing law in the Commonwealth of Virginia for 29
years. As a trial lawyer, Breit specializes in security cases including
the liability of third parties for criminal assaults. Breit has argued
before the Virginia Supreme Court, including the Commonwealth’s
landmark case on third party criminal liability (Wright v Webb- 233 VA
527, 1987). Mr Breit is a member of the Virginia Trial Lawyers
Association and the American Trial Lawyers Association. He has lectured
extensively and has been named among “The Best
Lawyers in America” for personal injury
litigation.
See the original story at: http://eon.businesswire.com/releases/virginia/breit/prweb520281.htm
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