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United States Code (Last Updated: May 24, 2014) |
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Title 20. EDUCATION |
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Chapter 70. STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS |
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SubChapter II. PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS |
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Part C. Innovation for Teacher Quality |
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SubPart 5. teacher liability protection |
§ 6737. Allocation of responsibility for noneconomic loss
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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) of this section.
(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) of this section, beyond the limitations established in this section.