The short answer is yes. You can sue your child’s school for injuries caused by inadequate security. Many times, injured students and their families may sue the school and/or the school district in their municipality. Violence-related injuries are no exception.
The relationship between schools and students is special and important. As a result, schools must ensure their students are protected from harm. To that end:
- School personnel must take reasonable precautions to prevent injuries to their students.
- A school’s obligation applies when students are in class, at school, or participating in school-sponsored activities like field trips and sporting events.
Get in touch with an experienced personal injury attorney if your child has been injured at school or during school activities.
What Level of Security Is the School Required to Provide?
While California law requires schools to provide security, it does not specify the level of security. A jury will decide the matter of security in a courtroom based on the circumstances surrounding an injured student. The jury will take into account factors such as:
- Was the student’s injury foreseeable?
- What could have been done to prevent the student’s injury?
They may also consider the costs involved in hiring another school employee in making their decision. Their decision may be influenced by:
- The school district’s finances
- Other available security methods
- Probability of “foreseeable” injury to the student
Consult a lawyer for premises liability claim if you have questions about your student’s injuries.
Do Schools Have the Duty to Safeguard Students from Violence?
It is the school’s responsibility to take “reasonable steps” to ensure the safety of their students. Previously, the legal system has considered whether a school can be held responsible for acts of violence committed by one student against another. A California court has ruled that schools may be held liable for failing to protect their students from foreseeable or predictable acts of violence.
School shootings occur all too frequently in California and throughout the country. Recent California school shootings, Saugus High School shooting in Santa Clarita and the Santa Monica school shooting show that the law should apply to K-12 schools. Any school that teaches children under the age of 18 has a duty to protect its students from injury and harm.
School administrators are now aware of the dangers and threats of violence against young people in their care.
Public Schools Must Put a Comprehensive Security Plan in Place
California requires that every public school district or school within it have a comprehensive safety plan. School districts and schools can be held liable for harm caused by their failure to protect students. Schools without comprehensive safety plans in place fail to prepare for violence under California state law.
If your student suffered an injury at school for inadequate security, call the Accident Lawyers Firm at (949) 356-7971. We’re standing by to help.