Who is legally responsible if my child is injured at a school or daycare facility in California?
In California, the school or daycare facility is generally legally responsible for your child's injury if it was caused by the facility's negligence or a failure to provide a safe environment. Here are the steps to take to protect your child's rights.
Step 1: Seek Immediate Medical Attention
Your child's health is the first priority. Seeking prompt medical care also creates an official record of the injuries, their severity, and the date they occurred, which is crucial for any future claim.
Step 2: Report the Incident to the Facility
Notify the school or daycare director of the injury immediately, both verbally and in writing. Request a copy of the official incident report that the facility is required to create. Keep a copy of your written notification for your records.
Step 3: Document and Preserve Evidence
Take clear photographs of your child's injuries as soon as possible. If you can, also take photos of the location where the injury occurred, especially if a hazard like broken equipment or an unsafe surface was involved. Save all medical bills, reports, and correspondence with the facility.
Step 4: File a Government Claim for Public School Injuries
This is a critical, time-sensitive step. If the injury occurred at a public school, you must file a formal "Government Tort Claim" with the correct public entity (e.g., the school district) within six (6) months of the injury. You must use the entity's specific claim form. Failing to meet this deadline will likely prevent you from ever recovering compensation.
Important considerations:
The rules for public schools are very different from private schools or daycares. For private facilities, you generally have two (2) years from the date of injury to file a lawsuit, and the 6-month government claim requirement does not apply. All schools and daycares have a legal duty to adequately supervise children and maintain their premises in a reasonably safe condition.
Warnings and limitations:
The six-month deadline to file a claim against a public school is strict and has very few exceptions. Proving that the facility's negligence directly caused the injury can be complex and often requires a detailed investigation.
This is general information and does not constitute legal advice. For complex situations, and especially if your child was seriously injured or the injury involves a public school, you should consult with a qualified California attorney immediately.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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