Campus and playground injuries

Dangerous condition of school property

A public school district is a public entity, so an injury caused by the condition of its property is governed by Government Code § 835. The district can be liable if the property was in a dangerous condition when the injury happened, the condition caused the injury, it created a reasonably foreseeable risk of that kind of injury, and either an employee's negligent or wrongful act created it or the district had actual or constructive notice in time to fix it or protect against it (Gov. Code § 835).

A "dangerous condition" means a substantial risk of injury, as distinguished from a minor, trivial or insignificant one, when the property is used with due care in a reasonably foreseeable way (Gov. Code § 830). Constructive notice depends on whether the condition existed long enough and was obvious enough that the district, using due care, should have discovered it, and whether its inspection system was reasonable (Gov. Code § 835.2). Examples that often raise these questions: broken playground equipment, missing surfacing under a play structure, uneven walkways, loose bleachers, unsecured gates and poor lighting at evening events.

Supervision

California's Education Code states that every public school teacher "shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess" (Educ. Code § 44807). When an injury results from an employee's negligent act or omission within the scope of employment, such as leaving young children unsupervised, the district is generally liable to the same extent the employee would be, unless the employee is immune (Gov. Code § 815.2). Whether supervision was adequate depends on the age of the children, the activity and what staff knew.

Visitors and families

Parents, siblings and other visitors hurt at games, performances or school events can also have claims based on the condition of school property. The same six-month claim rule applies to them.

What to do after a campus injury

1. Get medical care and keep every record and bill.
2. Ask the school for a copy of its incident or accident report, and write down the names of staff and witnesses.
3. Photograph the place and the equipment as soon as you can, before repairs.
4. Present a written claim to the district within six months (Gov. Code § 911.2). Our district directory lists where each district takes claims.

Our premises liability page explains how property injury cases work more generally.