Schoolyard injuries are common, and most heal without any legal issue. But when a school knew about a hazard, failed to properly supervise students, or ignored a known danger — like a bully it had been warned about — the school or school district may be legally responsible. One of the most important things for parents to understand is that the deadline to act can be very different, and much shorter, depending on whether the school is public or private.
Why It Matters Whether the School Is Public or Private
Public schools are government entities. Claims against a public school district fall under the California Government Claims Act, which requires filing a formal written claim within just six months of the injury under Government Code Section 911.2 — a dramatically shorter deadline than most people expect, and far shorter than the standard two-year personal injury deadline.
Missing this window can be difficult to recover from: a late-claim application is possible within one year of the injury under Government Code Section 911.4, but relief is available only on the grounds the statute lists.
A minor does not simply get until age 18 on the government claim. A minor who was under 18 for the whole six-month claim period can apply for leave to present a late claim, and the public entity must grant it (Government Code Section 911.6(b)(2)). But that application generally has to be made within one year after the injury (Section 911.4(b)), and the time a person is a minor counts toward that year (Section 911.4(c)). Parents should not wait.
Private schools are not government entities. Claims against a private school generally follow California's standard personal injury rules, including the usual statute of limitations, which for a minor's claim is generally tolled until the child's 18th birthday.
Because the correct deadline depends entirely on which type of school is involved, it's important to identify this early rather than assume either rule applies by default.
Common Types of School Injuries
- Playground falls: injuries from falls off playground equipment, including broken bones, sprains, and concussions
- Sports injuries: sprains, strains, fractures, and contusions sustained during PE classes or organized sports
- Trips and falls: accidents caused by uneven surfaces, cluttered walkways, or hazardous conditions
- Collisions: injuries from students colliding during play or sports activities
- Lacerations and abrasions: cuts and scrapes from equipment, sharp objects, or other causes
- Concussions and head injuries: from falls, collisions, or other accidents on school grounds, requiring careful monitoring and medical attention
- Injuries from known bullying or fighting: if a school knew or should have known about a specific danger and failed to act, it may bear responsibility for resulting injuries
What Schools Are Generally Required to Do
Schools have a duty to take reasonable steps to keep students safe, which generally includes:
- Providing adequate supervision during recess, PE, and other school activities
- Maintaining safe playgrounds, classrooms, and facilities, including regular inspections and repairs
- Implementing and enforcing reasonable safety policies
- Maintaining emergency response plans and staff trained in first aid
- Conducting risk assessments to identify and address hazards
- Responding appropriately to known bullying, threats, or dangerous student behavior
A school's liability generally depends on whether it knew or reasonably should have known about a specific hazard or danger and failed to take reasonable action — not simply on the fact that an injury occurred.
Frequently Asked Questions
Does it matter if my child's school is public or private?
Yes, significantly. Claims against public schools fall under the California Government Claims Act, which requires filing a formal claim within six months of the injury (a minor can apply for leave to present a late claim, but that application has its own deadline). Private school claims follow standard personal injury rules instead.
Is a school automatically responsible if my child gets hurt at school?
No. Schools are generally only liable if they knew or should have known about a specific hazard or danger and failed to take reasonable steps to address it, not simply because an accident occurred on their property.
What if my child was injured by a bully the school knew about?
If the school had knowledge, or should have had knowledge, that a specific student posed a danger and failed to act, the school could be held liable for resulting injuries.
Can we wait because my child is a minor?
Not safely. A minor does not simply get until age 18 on a government claim. A late-claim application for a minor must be granted if the minor was under 18 for the entire six-month claim period (Government Code Section 911.6(b)(2)), but it generally has to be made within one year after the injury (Section 911.4(b)).
Waiting also means witnesses' memories fade, video footage may be deleted, and physical evidence at the school can change. It's best to have your case evaluated as soon as possible after the injury.
Talk to a Santa Clarita School Injury Attorney Today
If your child was injured at school and you believe the school may bear responsibility, Robert Mansour can help advise you regarding your case. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at 661-414-7100 for a free consultation and evaluation of your case. You can also fill out our Free Case Evaluation form.