School Liability?

School Liability in California

This posting will give you a little bit of information on who is liable for damages in certain situations at school.

Assume that your child has gone on a non-required field trip, band gig, football game etc. and on the way to the football game that famed Japanese tormentor of society should appear --Godzilla. Just because he (Godzilla is a he isn't he) feels like it Godzilla steps out in front of the car your little darling is riding in , causing the driver to swerve and in his addled state drive head first into a tree causing your little darling to spill that icky red gatorade (Tm) on her brand spanking new school uniform. This is California so your looking for someone to sue.

1. Can you sue the school?

Well of course you can -- you can find the court house and can fill out a fee waiver form. But is it worth the paper and pencil lead to do it? Probably not. Since this event was non-required Education code section 35330(d) is the statute that speaks to these facts and it says in part

All persons making the field trip or excursion shall be deemed to have waived all claims against the district, a charter school, or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of pupils taking out-of-state field trips or excursions shall sign a statement waiving all claims.

Cal Ed Code § 35330

Ok you say, but what if we change the facts to say that the school required that I my little darling go, it brought the little yellow school bus around, and had some very mean looking tattooed bus-driver intimidating your kids into not acting like mating orangatans while riding to in the yellow school bus to the playboy mansion. And sure enough Godzilla shows up again and steps on the bus causing the Gatorade to again spill all over the new school uniform. Can you sue the school district now. At first glance you might say no because of

§ 44808. Liability when pupils not on school property



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.

Cal Ed Code § 44808

But wait the school probably has liability because it ordered up little yellow school buses to transport your little darling, and Section 44808 says in part that when the school undertakes to provide transportation it has some liablility. Whoo. I thought that you weren't going to be able to get into court, but it looks like you can.