School Premises Liability Attorneys in Long Beach

Are Schools Held Accountable for Premises Liability?

Premises liability is a legal term that refers to the accountability of a person if someone else is hurt on their property. So for instance, if you were to visit someone at their home and you slipped and fell in their driveway, you could file a premises liability claim that would hold the owner of the home liable. You could then take them to court and receive compensation for your injury. But what if the injury takes place at a school? In California, schools and premises liability is a bit of a tricky situation, because they’re considered to be a public entity and so, they may be immune to liability.

California law states that school boards must maintain their buildings so that they’re clean and safe for both students and the public to use. However, public schools have "sovereign immunity," also known as "governmental tort immunity" another legal term that applies to many public entities. With this immunity, schools and other public places can use this defense to protect themselves against lawsuits and have any legal cases against them thrown out of the courts. So if a child is injured in gym class for example, premises liability would not apply to the school or the school board because of this sovereign immunity.

This doesn’t mean that if you or a loved one is injured on school property you have no recourse. There are two exceptions in which sovereign immunity does not apply. They are:

This same immunity applies to teachers and other staff members of the school. So if a teacher accidentally ran into a student during the same gym class and the student fell and sprained their wrist or incurred another injury, the teacher will most likely not be held liable.

But this doesn’t mean that if you or a loved one is injured on a school property, there’s nothing you can do about it. If the school doesn’t have clear policies that are enforced, the school can be held liable. Also, if the school does not properly maintain its campus or equipment, doesn’t participate in regular inspections, or doesn’t supervise students while they are using the equipment, they may be held liable because this is negligence that is not covered under the sovereign immunity rule. So for instance, if a child fell off of playground equipment from a height and was injured because there wasn’t shock-absorbing material to soften the blow of their fall, the school can be found negligent and therefore, can be held responsible for the injury.

Get Legal Help from a Long Beach School Premises Injury Lawyer Today

Premises liability is typically a fairly easy and straightforward case to argue in court. But when schools are involved, it becomes a bit harder to prove. And when schools use the sovereign immunity defense, it can become even harder to hold them accountable. If you, your child, or another loved one have been hurt while on the property of a school, contact us at (888) 454-5569. We know this tricky part of the law, and we have experience in getting our clients the results they want in premises liability claims against schools. This is one you just can’t do on your own, so speak to one of our qualified Long Beach accident attorneys today.

100 Oceangate
12th Floor
Long Beach, CA 90802

Phone: (562) 901-0840
Toll-Free: (888) 454-5569

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Long Beach Child School Injury Lawyer Disclaimer: The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of a particular legal matter and results vary from case to case. Please contact Joseph H. Low IV for a consultation on your particular case. This firm is licensed to practice law only in the State of California, but is affiliated with licensed attorneys in other states.

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