Government Liability Update

School Districts May Owe Duty of Care to Young Students in On-Campus Afterschool Program

In Agbeti v. Los Angeles Unified School District, published March 25, 2010, the Second District Court of Appeal reversed a summary judgment granted to a school district and its employees in a case arising from some young elementary school children’s alleged sexual assault on a fellow student. The assault occurred during an on-campus, district-run afterschool play program, in which enrollment was voluntary. The trial court held that the defendants had no duty to prevent the assault. The appellate court ruled that the school authorities had a duty to use ordinary care in supervising the program, particularly in light of the immaturity of the students involved. The duty arose out of the special relationship between the authorities and the participants in a school-run program on school grounds. Whether the duty was breached was an issue of fact that defeated summary judgment. The court further held that while the plaintiff had to prove that an assault on her was foreseeable absent adequate supervision, she did not have to prove that the specific type of assault was foreseeable.

School Districts Immune from Liability for Field Trip Injuries to Visiting Students

Education Code section 35330 immunizes school districts from liability for school district student injuries occurring during a field trip conducted by the school district. In Sanchez v. San Diego County Office of Education, published March 23, 2010, the Fourth District Court of Appeal, Division One, concluded that section 35330 immunizes a school district that conducts a field trip even if the injured student does not attend school in that district.