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San Francisco Injury Lawyers > School District Liability

School districts have a legal obligation ("duty") to use reasonable care in supervising its students and may be held legally responsible ("liable") for injuries caused by its failure to do so. California law has long imposed on school authorities the duty to supervise at all times the conduct of the students on school grounds and to enforce those rules and regulations necessary to their protection. One such rule is that "a pupil may not leave the school premises at recess, or at any other time before the regular hour for closing school, except in case of emergency, or with the approval of the principal of the school." Thus, a school that failed to reasonably supervise a 10-year-old pupil who left school before day's end and was struck by a motorcycle at a public intersection could be held liable for the student's injuries.

California courts have recognized that a principal task of school supervisors is to anticipate and curb rash student behavior, and have often held that a failure to prevent injuries caused by the intentional or reckless conduct of the victim or a fellow student may constitute negligence. The fact that one student's misconduct was the immediate cause of the injury does not require a conclusion that negligent supervision was not a legal cause of another student's injury or death. Once a negligent failure to provide adequate supervision by the school is proved, the mere involvement of a third party or that party's wrongful conduct is not sufficient to relieve the school of liability.

"Special needs" children-that is, children suffering from mental or physical disabilities-cannot reasonably be expected to take care of themselves and need the help and protection at school. Accordingly, a school may be held legally responsible to a special needs child who is physically or sexually assaulted by another student on campus.

School buses are the largest form of mass transit in the United States, accounting for almost 9 million student trips each year. Almost half a million school buses carry 24 million students to and from school or a school-related event every school day. A "school bus" is any bus that is likely to be "used significantly" to transfer preprimary, primary, and secondary students to or from school or school-related events, such as sporting events and field trips. Accidents may happen because of driver inexperience, inattention, fatigue, speeding, failing to yield the right-of-way to other traffic or pedestrians, or being under the influence of alcohol or drugs. Or the accident may occur due to a faulty condition of the bus itself, such as poorly maintained or worn-out brakes or nonfunctioning flashing lights or other warning devices or signs.

In addition to the duty to act safely (use "due care") toward its passengers, the school bus driver must also use due care so as not to endanger other students outside the bus, particularly at or near the school grounds. For instance, when school lets out at the end of the day, a flood of students emerges on their way home, some to waiting buses, others to waiting parents, and others walking home. The bus driver must operate the bus safely so as not to injure the sudden rush of students in the area.

12 - to 15 - passenger vans are regularly used by schools and day care centers to carry students to and from school, athletic competitions, field trips, and the like. A 12- to 15-passenger van that is likely to be used significantly to transport students (e.g., leased on a regular or long-term basis) is a "school bus," and as such must meet the school bus standards of the National Highway Traffic Safety Administration. Conventional 12- to 15-passenger vans are not certified as doing so, and thus cannot be sold or leased, as new vehicles, to carry students on a regular basis.

San Francisco Injury Lawyers > School District Liability

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