Tort liability of California public school districts and associated personnel: Physical education and playground

Statement of the problem. The purpose of this study was to: (a) identify circumstances, criteria, defenses and awards courts recognize in protecting students in legal actions brought against California school districts and district personnel for alleged personal injury under tort; (b) examine claims of negligence (originating in physical education and on the playground) by students against school employees, and to review the reasoning of courts in dealing with these complaints; and (c) examine factors which influence the size and type of claims awarded for such injury.;Procedure. This study is based on analysis and interpretation of legal cases. The procedure followed included data collection, data selection, data organization, data analysis, data synthesis, and interpretation of findings.;Findings. Major findings of this study indicate the following: (1) The Doctrine of Governmental Immunity renders a state immune from tort liability when acting in a governmental capacity unless consent is granted by statutory provisions permitting suit. (2) Liability is imposed on California school districts by express statute and the judicial interpretation of the statute. (3) The 1963 California Tort Claims Act renders California school districts liable for student injuries proximately caused by negligent acts of their employees if such acts are within the scope of their employment. (4) A claim of negligence requires that these elements are present: a duty of care existed, the duty was breached by defendant, the duty was the proximate cause of injury, and that injury or actual loss occurred. (5) To recover damages, claimant must prove negligence, proximate causation, and overcome defenses asserted by school districts. Defenses used by school districts and district personnel that can result in a non-liability verdict are governmental immunity contributory negligence, comparative negligence, and assumption of risk. (6) The duty of care required of school employees is that which a reasonably prudent person, charged with his duties, would exercise under the same conditions. (7) When a school district or its employees are found to be negligent, redress in the form of monetary awards are awarded to students commensurate to the degree of the injuries and the length of recuperative period. Other factors which determines that amount of claims are loss of future earnings, medical expenses, instruction, and attendant care.