QUESTION:
Can I sue the school if my underage child was in a sport without my consent? My child was seriously injured while playing touch football, and there was no coach or any staff supervising the children’s recreational activities.
ANSWER:
The Education Code of California imposes a duty on schools to supervise students while in the premises or performing school-sponsored activities (Ed.C. § 44807). But a school district’s duty to supervise students under Ed.C. § 44807 does not replace the assumption of the risk as applied to organized extracurricular sports, because no amount of supervision can eliminate risks inherent in sports such as touch football. Also, school districts are granted immunity from liability under Gov.C. § 831.7 for unsupervised “recreational activities” even though they may take place on school property with the school’s explicit or implicit consent. [Yarber v. Oakland Unified School Dist. (1992)].
For more information about a school or its employee’s liability for injuries sustained by a student while participating in a sports or recreational activity, it is best to consult with a lawyer who is an expert in personal injury cases.