Legal Questions

Are Schools Making Our Kids Sick?

American students spend an average of six to eight hours a day in school, 180 days per year. That’s around 1,260 hours a child spends on school property every year. With this much of your kid’s life spent within the four walls of an institution, it’s troubling to think he or she may have faced… read more

The Most Common Accident and Injury Claims in Schools

School grounds are just as prone to accidents and injuries as other public or private properties. Schools are fraught with the potential for injuries that range from parking lot accidents and trips and falls to physical violence and bullying. Although claims against schools are more complex than typical personal injury lawsuits, it is possible for… read more

Elements of Tort Law in School Liability

Child injuries or deaths resulting from faulty playground equipment, inadequate supervision, unsafe premises, sports accidents, or sexual abuse may all stem from negligence. These types of accidents present opportunities for settlements or jury verdicts based on California tort laws. Tort laws involve personal injuries such as slips and falls, car accidents, and medical malpractice. Torts… read more

Does Sovereign Immunity Prevent a Lawsuit Against the School?

Sovereign immunity is a rule that protects governmental agencies and bodies from lawsuits. It makes them immune, meaning other parties cannot sue them. “Sovereign immunity” applies to federal and state governments, while “governmental immunity” applies to city, county, and smaller governmental bodies. Bringing a lawsuit against a school typically falls under rules of the local… read more

Injuries Off School Grounds and School Liability

When your child suffers an injury away from the home, your first question is likely, “Who is responsible?” Parents trust their children to the hands of teachers, supervisors, and school staff under the assumption that school employees will do what’s in the child’s best interests. Unfortunately, negligent school employees all too often fail to adequately… read more

Negligent Hiring, Supervision, and Retention in California Schools

Sadly, California’s schools aren’t impervious to negligent, reckless, and malicious employees. The courts will often hold the school district strictly liable for the actions or inactions of its employees if they result in student injury. Since the school district employs teachers and staff members, the district must abide by the same standards of care as… read more

California Education Code: Duty to Warn of Violent Propensities

California school districts implement many laws, rules, and regulations to help in the event of altercations, accidents, and emergencies. Lawmakers describe these provisions in the California Education Code – a code in 69 parts. Students have the right to attend peaceful, safe, and secure campuses to promote education throughout the state of California. The school… read more

California Schools Duty to Suspend

Each year, student injury settlements cost California’s school districts millions of dollars. Students may sustain injuries on school grounds or under a school employee’s supervision during recess, in classrooms, in fights with other students, during school sports, and even from third-party criminal assaults. A number of factors contribute to the high rate of student injury,… read more

Does Your Child’s School Have an Adequate Emergency Plan?

When you send your children to school, you likely assume they will be safe on campus, under the care of responsible adults. While this may be true on a day-by- day basis, will your child’s school react appropriately in the event of an emergency? Emergency plans are vital to student safety. Every parent deserves the right to feel… read more

Child Safety Alarms on School Buses: SB 1072

There have been numerous items in the news about children being left on school buses, sometimes with fatal consequences. It doesn’t happen very often, but when it does, it sets off a fervor among parents concerned for their child’s safety. This only happening once would still be one too many, so a lot of school… read more