What the claim involves
Schools owe students a duty of supervision, and public school districts answer for it on a six-month clock.
California courts have long held that a school district owes its students a duty to supervise them and to protect them from foreseeable harm, whether the harm comes from an unsafe playground, an unsupervised fight, a coach who ignores a head injury, or an employee who should never have been hired. When that duty is broken, the district, not the individual teacher, is usually the responsible party.
Most Orange County schools are public entities, which changes the rules: a written government claim generally must be presented within six months of the injury before any lawsuit can be filed, and a missed deadline can end an otherwise strong case. Kyle Scott Law has tried and settled school cases, including the $6.8M school negligence settlement and the $5.75M verdict against Long Beach Unified, and calendars that deadline on the first day.
The six-month government claim
A claim against a school district or a county office of education generally must be presented within six months under the Government Claims Act; a charter school run by a nonprofit corporation is sued under ordinary rules, without that step. The firm prepares and serves it, then handles the district’s response and the lawsuit that follows if the claim is rejected.
Supervision and hiring
Districts answer for negligent supervision of students and for negligent hiring, retention, and supervision of employees who harm them. Personnel files, prior complaints, and training records are requested early, before they are lost.
Abuse cases have their own rules
For childhood sexual abuse that happened on or after January 1, 2024, California sets no deadline to sue (Code of Civil Procedure § 340.1). For earlier abuse, a claim can be brought until the survivor turns 40 or within a set period after discovering the harm, whichever is later (§ 340.11); that period is five years through December 31, 2026, and three years from January 1, 2027 (Senate Bill 577). The six-month government claim requirement does not apply to either. From January 1, 2027, a survivor who is 40 or older when suing a public school district or other public entity over abuse before 2024, in a case filed on or after January 1, 2026, must also meet a higher burden of proof (§ 340.12). Every case is evaluated on its own facts and dates.
Private schools and contractors
A private school, a bus company, an after-school program, or a security contractor is sued under ordinary negligence rules, without the government claim step but with the same duty to supervise and protect.
Cases the firm reviews
Common school liability matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common school liability questions.
Common questions
Questions about school liability claims.
How long do I have to bring a claim against a school district?
For most injuries, a written government claim generally must be presented to the district within six months of the incident; a lawsuit can follow only after the claim is rejected or deemed rejected. Childhood sexual abuse claims follow different, longer rules. Because the dates control everything, contact a lawyer as soon as possible.
Is the teacher or the district responsible?
Usually the district, which employs and supervises the staff and controls the campus. The district can be responsible for its own negligence, such as poor supervision or unsafe conditions, and for the acts of employees within the scope of their work.
My child was hurt in a fight the school did nothing about. Is that a case?
It can be. Schools must supervise students and respond to known threats. Prior complaints, the school’s bullying policy, and what staff saw or were told before the incident decide whether the school failed its duty.
Does a sports injury count?
Ordinary risks of a sport are usually not the school’s fault, but a coach who ignores a concussion, sends an injured athlete back in, or provides unsafe equipment can be. The $5.75M Long Beach Unified verdict involved a student who suffered a skull fracture and brain bleed.
What about a private school?
Private schools are sued under ordinary negligence rules. There is no government claim step, but the two-year personal injury deadline (which does not start running until the student turns 18) and the longer childhood sexual abuse rules still apply.
Will my child have to testify?
Most school cases resolve before trial. When testimony is needed, the firm prepares the family carefully and uses the protections courts offer minors, including confidentiality where available.
What does it cost?
Nothing up front. The firm works on a contingency fee and advances the case costs. No fees or costs unless there is a recovery.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Code of Civil Procedure § 340.1 (childhood sexual assault on or after January 1, 2024)
- California Code of Civil Procedure § 340.11 (childhood sexual assault before January 1, 2024)
- Senate Bill 577 (Stats. 2026, ch. 971), chaptered text: amends §§ 340.1 and 340.11 and adds § 340.12, from January 1, 2027
- California Government Code § 905 (claims exempt from presentation, including childhood sexual assault)
Related practice areas