QUESTION:

My son was hurt in school while playing dodgeball with his friends during recess. It was a cold day and the grounds were covered in ice, but they still let the kids play outside. Is the school liable for negligence?

ANSWER:

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). 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).

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.