There is a special relationship between a school district (or its employees) and students, so as to impose an affirmative duty on the district/employees to take reasonable steps to protect students from reasonably foreseeable risks of harm. : Notwithstanding the special relationship between a school district and students, Ed.C. § 44808 immunizes school districts from liability for certain injuries to students that occur off-premises. Ordinarily, these are fact questions. However, courts may conclude as a matter of law that a condition is not dangerous if no reasonable person would consider it posed a substantial risk of injury when the property is used with due care in a reasonably foreseeable manner. In one case, a trial court erred in holding several half-to-one-inch-deep potholes that caused a pedestrian to trip and fall were “trivial” and hence not dangerous as a matter of law: The issue should have been submitted to a jury. [Stathoulis v. City of Montebello (2008) 164 CA4th 559, 566–570, 78 CR3d 910, 915–918]. It would be best to seek personal assistance from a lawyer for purposes of filing a personal injury claim.


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