Court rules on important case discussing school liability

As a personal injury lawyer, it’s important for me to stay updated on current developments in the law.

To that end, this week, the California Court of Appeal issued a ruling in the important case of Victor Valley Union High School District v. Superior Court of San Bernardino.

The case is important because it reaffirms something the California Supreme Court decided decades ago in another case (Hoyem v. Manhattan Beach City School District (1978) 22 Cal.3d 508). That is, courts will look to see if a negligent act among school officials can be traced to conduct on the school campus, even when an injury related to such conduct occurs off the school campus.

Let me explain.

A fifteen-year-old student at Silverado High School was sexually abused by a teacher. The teacher was eventually arrested and convicted. On one occasion, the teacher escorted the student through the school office, past the office lady, through the parking lot, and into his car. The teacher even said goodbye to other school officials as he escorted the student to his car. Later that evening, the teacher abused the student.

In the student’s lawsuit against the school district, the student argued that someone among school staff should have raised the red flag when they saw the teacher walking the student through the school office on the way to his private car. Had someone been paying better attention, this behavior would have raised the alarm, and school officials might have been able to prevent the abuse.

The school district countered that it was not responsible for a teacher’s actions that occurred off the school campus. While technically this is correct, the court found that the student made plausible allegations that the school committed negligence on the school property when it failed to stop or prevent teacher from leaving the school with the student.

Negligent school supervision cases can be difficult. Courts are increasingly focusing on whether a negligent act can be traced to behavior that occurs on the school campus. It is important to keep this in mind as school is set to start in a few weeks here in Los Angeles and Southern California.

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