Student’s Injury within the School Premises or under Its Supervision

Generally, public schools may be held liable for any injury to a student caused by negligent act or omission by its employees.

Gov. C. § 815.2

“(a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative.

(b) Except as otherwise provided by statute, a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from
liability.”

The same may apply to private schools. There is a special relationship between a school district (or its employees) and students, so as to impose an affirmative duty on the school/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm when the student is “under the immediate and direct supervision of an employee.”

Ed. C. § 44808

“Notwithstanding any other provision of this code, no school district, city or county board of education, county superintendent of schools, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any pupil of the public schools at any time when such pupil is not on school property, unless such district, board, or person has undertaken to provide transportation for such pupil to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances.

In the event of such a specific undertaking, the district, board, or person shall be liable or responsible for the conduct or safety of any pupil only while such pupil is or should be under the immediate and direct supervision of an employee of such district or board.”

The school has a duty to ensure the safety of students within the school property and during school-sponsored and supervised activities [C.A. v. William S. Hart Union High School Dist. (2012)].

To know more about the possible claims that an injured student could have from a school, a lawyer who is an expert in personal injury could provide professional guidance that’s why it is important to work with one as soon as possible.


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