Q: Is it school in California liable for sports uniforms or equipment damaged in their care?
Sorry. That should read “Is a school liable”…
The local public high school did not maintain one of the gyms used for team, sports practices and equipment storage. The roof leaked for years. Eventually some equipment was damaged. In addition, some sports teams were asked to store their uniforms in a metal container on School property. These teams did so and their uniforms were damaged beyond repair from moisture in the container. The cost to replace the equipment is around $5000. The cost to replace uniforms is close to $9000. The school says they are not responsible to help cover the cost of replacements. But does the school not have insurance? Please advise.
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A:
In California, a public school district may be liable for damaged sports uniforms and equipment if the damage occurred due to the school's negligence. The school has a responsibility to maintain its facilities and ensure a safe environment for students and their property.
In your case, the school's failure to repair the leaking roof in the gym and the resulting damage to equipment could be considered negligence. Similarly, if the school provided a metal container for uniform storage that was not suitable for protecting the uniforms from moisture, leading to their damage, this could also be seen as negligence on the school's part.
Regarding insurance, California public school districts typically participate in Joint Powers Authorities (JPAs) or purchase insurance policies to protect against liability claims. These policies may cover property damage, including damage to sports equipment and uniforms.
To address this situation, consider the following steps:
1. Document the damage: Take photos of the damaged equipment and uniforms, and obtain repair or replacement cost estimates.
2. Notify the school: Write a formal letter to the school principal, district superintendent, and school board, describing the damage, the school's negligence, and the costs incurred. Request that the school or its insurance cover the replacement costs.
3. Attend school board meetings: Raise the issue during public comment sessions at school board meetings to bring attention to the problem and seek a resolution.
4. File a claim: If the school district refuses to cover the costs, you may need to file a formal claim with the school district. In California, you have six months from the date of the damage to file a claim against a public entity.
5. Seek legal advice: If the school district denies your claim or fails to respond, consult with an attorney specializing in education law or personal injury to discuss your options, such as filing a lawsuit against the school district.
Remember that while the school district may be liable, the specific outcome will depend on the evidence demonstrating the school's negligence and the extent of the damage. Gathering documentation and following the proper procedures for filing a claim will be essential to support your case.
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