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September 18, 2025

Who’s Responsible for Falls on School Property in California?

Slip-and-fall or trip-and-fall accidents aren’t just confined to grocery stores or public sidewalks—they’re also surprisingly common on school grounds. Whether it’s uneven pavement near drop-off zones, slippery gymnasium floors, broken stairs, or poorly maintained handrails, these hazards can pose serious dangers to anyone who steps onto school property.

In California, falls at schools can happen to more than just students. We routinely see injuries involving:

  • Parents picking up or dropping off children
  • Teachers and school staff
  • Volunteers or visitors attending school functions
  • Delivery drivers or third-party vendors
  • And of course, children at recess, in classrooms, or during school events

Some of these injuries are minor. Others lead to emergency room visits, broken bones, concussions, or worse. Regardless of who is hurt, it’s critical to know who’s responsible—especially when the school is a public institution like a district elementary, middle, or high school.

California law holds property owners—including school districts and private schools—responsible for maintaining safe premises. But claims involving schools can be complex. For public schools, different legal rules apply under the California Government Claims Act, which requires injured parties to file a government claim before pursuing a lawsuit. And time is short—you typically only have 6 months from the date of the injury to take action.

Who May Be Liable?

Public School Districts (Government Entities)

Most public schools in California—elementary, middle, and high schools—are operated by government entities, such as school districts or county education departments. These entities are not immune from liability, but they are protected by specific legal rules.

Under California Government Code § 835, a public entity (like a school district) can be held liable for injuries caused by a dangerous condition on public property, but the law sets a high bar for proving fault.

To hold a public school liable, an injured person must show that:

  • A dangerous condition existed on school property (e.g., cracked concrete, broken handrails, slippery floors)
  • The dangerous condition created a reasonably foreseeable risk of the type of injury that occurred
  • The school district or its employees either:
    • Created the condition through negligence, or
    • Knew or should have known about the condition and failed to fix it or warn about it in a reasonable time

In other words, it’s not enough that someone fell. The injury must be tied to a preventable hazard, and the school must have had an opportunity to address it.

Important: Because public schools are government agencies, you must first file a government claim within 6 months of the injury before filing a lawsuit. Missing this deadline could result in losing your right to compensation.

Private Schools

Private schools in California—including religious institutions, charter schools operated by private entities, and independent academies—are treated differently than public schools when it comes to liability. These institutions are considered private property owners or occupiers, just like any business.

As such, they are subject to California Civil Code § 1714, which imposes a general duty of care. This law holds property owners responsible for maintaining their premises in a reasonably safe condition and protecting people lawfully on the property from foreseeable harm.

If a student, parent, or guest is injured due to a preventable hazard—such as a water spill in a hallway or a broken stair railing—the school can be held liable if:

  • It knew or should have known about the danger, and
  • It failed to take reasonable steps to repair the condition or warn others

Unlike public schools, private schools do not require a government claim filing before a lawsuit can proceed. However, proving liability still requires careful documentation, strong evidence, and legal guidance.

Third-Party Contractors or Vendors

While schools—both public and private—are typically responsible for the safety of their grounds, liability doesn’t always end there. In many cases, schools hire outside contractors for essential services like janitorial work, maintenance, construction, and food service. These third-party vendors may also bear legal responsibility if their negligence creates a hazardous condition that leads to a fall.

Examples of third-party negligence may include:

  • A janitorial company failing to clean up a spill in a school hallway
  • Maintenance workers leaving tools, cords, or debris in walkways
  • A landscaping company neglecting to clear ice, water, or tree branches from pedestrian areas
  • A food service provider spilling liquids in the cafeteria and not promptly cleaning or marking the area

If one of these contractors causes or contributes to a dangerous condition, they may be named as an additional defendant in a premises liability case. This is especially important when the school itself is not directly at fault—but still has a legal duty to provide safe conditions through its contracted partners.

Event Organizers or Outside Entities

Many schools rent or lend their facilities to outside organizations for events like:

  • Sports tournaments
  • Community festivals
  • After-school programs
  • Religious or cultural gatherings
  • Private fundraisers or banquets

In these cases, event organizers or vendors who temporarily control parts of the school property may also be liable for fall-related injuries. If they set up equipment, displays, cords, stages, or concessions—and failed to do so safely—they may be held responsible under premises liability law.

For example:

  • A sports league hosting a weekend basketball tournament leaves water bottles on the gym floor, causing a parent to slip
  • A private event sets up tents with improper lighting or exposed wires, leading to a trip hazard
  • A rental group fails to clean up after an event, leaving the premises unsafe for school operations the next day

Whether the event is held at a public or private school, liability can extend to these non-school entities if they took over maintenance or safety responsibilities for the duration of the event.

Filing a Claim Against a Public School District

You Must First File a Government Claim

Before you can file a lawsuit against a school district, you are legally required to submit a government claim directly to the school district or its governing agency. This is not the same as a typical insurance claim or demand letter. It is a formal administrative process required under California Government Code § 910.

Your government claim must include:

  • Your name and contact information
  • A clear description of how, when, and where the injury occurred
  • A description of the injury and damages
  • The amount of money you are seeking, if known
  • Your signature

Strict Deadline: 6 Months From the Date of Injury

Under California Government Code § 911.2, you have just six (6) months from the date of the fall to file your government claim. This is a very short window compared to the standard two-year deadline for most personal injury cases in California.

If you miss this six-month deadline, you may lose your right to compensation, unless very specific exceptions apply.

Claim Must Be Submitted to the Correct Public Entity

Most school districts in California have their own claims process and designated address for claim submissions. Sending your claim to the wrong department or agency may not count as proper notice under the law.

That’s why it’s crucial to:

  • Identify the correct school district or education board
  • Submit the claim to the authorized office or clerk
  • Keep proof of delivery and the date of filing

What Happens After You File?

Once your government claim is submitted, the school district has 45 days to respond.

There are three possible outcomes:

  1. Claim Accepted: You may receive a settlement offer or response.
  2. Claim Denied: You’ll receive a formal rejection letter.
  3. No Response: After 45 days, the claim is considered rejected by law.

If your claim is denied or ignored, you have only six months from the date of rejection to file a lawsuit in court. If you miss that second deadline, your case may be barred entirely.

Fell on School Property? You May Be Entitled to Compensation

A fall on school property isn’t just painful—it can be life-altering. Whether your child was hurt during recess or you slipped while attending a school event, you have legal rights under California law. But those rights are time-sensitive, especially when dealing with public schools and strict government claim deadlines.

At Tim D. Wright Law, we understand the complexities of both personal injury and government liability cases. We take the time to investigate what went wrong, identify all responsible parties, and pursue the maximum compensation you deserve.

You shouldn’t have to bear the burden of medical bills, missed work, or emotional distress alone—especially when the school or its contractors failed to maintain a safe environment.

Contact Tim D. Wright Law for a Free Consultation

Personal Injury Office
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506
📞 (323) 379-9995

📧 firm@timwrightlaw.com
🌐 www.timwrightlaw.com

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