Whether students are on school property or in another location, districts are responsible for the safety of students in their care during the school day and at school-sponsored extracurricular activities. Staff charged with student supervision have a duty of care to anticipate potential dangers and provide sufficient warning to prevent injuries. When they fail to do so, a school district carries vicarious liability for any damages incurred because the negligent staff member was in the district’s employment.
In addition to school districts, other third-party defendants may be named in field trip personal injury lawsuits, including venues that host field trips, other participating vendors, and contracted transportation or maintenance companies. Even when school districts or third-party participants require parents to sign waivers of liability, those waivers may not hold up in court if a child is injured or killed while on a school trip.
Are Schools Liable for Accidents That Occur on Field Trips?
The legal term in loco parentis translates to “in place of the parent.” School districts act in loco parentis during the school day and at school-sponsored events. School staff are expected to act as a responsible guardian or other reasonable person would in a similar situation. If a plaintiff’s attorney proves that a supervising adult failed to fulfill their duty of care to a student and that failure led to the student being harmed, damages can be awarded.
School staff includes teachers, paraprofessionals, bus drivers, and supervisory persons such as administrators and school board members. Their main responsibilities to students during school trips include:
- Recognizing dangerous conditions or situations and preventing students from being hurt or warning them of potential harm
- Making plans to mitigate and prevent injuries
- Ensuring there is an acceptable chaperone-student ratio that provides attentive supervision
Field trip supervision presents different challenges than day-to-day oversight of students while they are at school. An unfamiliar environment, excited children, and the less structured nature of a field trip compared to a classroom setting can easily lead to accidents.
Unfamiliar Environment
Staff should give special consideration to the surroundings in which a school trip will take place. For example, nearby water sources, local traffic, unsecured animals, and uneven or poorly maintained surfaces all present the risk of accidents. Children will not be prepared for these challenges, and it’s the adult’s job to warn them. Failing to do so may suggest that the school did not exercise reasonable care.
Potential Safety Concerns
Schools are tasked with anticipating potential hazards on field trips and mitigating those risks. For example, a trip to a manufacturing plant could pose risks such as dangerous machinery and slip and falls. Instructing students to stay in approved areas and to watch their steps helps to prevent injuries. The court will consider whether an injury was foreseeable, and therefore preventable, when assigning liability.
Appropriate Supervision
The appropriate number of adults required to supervise a field trip will depend on the number of students in attendance, their ages, and whether there are special circumstances. More vigilant supervision is required for very young students and those with disabilities or behavioral issues. Just as at school, students should never be left unattended on a school trip. Especially in the case of very small children, school staff should consider assigning specific students to a supervising adult responsible for their care on the trip. Lack of supervision or negligent supervision leading to an accident equals liability on the part of the school district.
Who Can Be Named in a School Trip Lawsuit?
Along with school district employees and school boards, third-party defendants may be named in personal injury lawsuits. Businesses that open their doors to the public, including for school field trips, have premises liability, which is the obligation to keep the premises safe and clear of dangers to the public. If the business fails to meet that obligation, it can be held responsible for injuries that occur on the property. A personal injury attorney investigates the circumstances surrounding accidents and helps plaintiffs determine who shares liability for their injuries.
Do Liability Waivers Prevent Schools and Businesses From Being Sued?
Most schools and businesses require parents to sign waivers of liability meant to release them from legal responsibility if a child is injured or killed on a school field trip. However, signing a waiver doesn’t necessarily prevent a victim or their family from filing a personal injury lawsuit against the school or business and collecting damages.
General Consent Waivers
General consent waivers require parents to acknowledge the risks involved in allowing their child to attend the field trip and outline their voluntary participation. These are blanket waivers stating the signee forfeits their right to sue in the event of harm. By attempting to show that the risks were disclosed, schools and businesses seek to be released from any liability.
Informed Consent Waivers
Informed consent waivers are used to limit a school’s liability by having parents and guardians assume the risks and responsibilities of participation. Regardless of whether districts or businesses inform parents of risks, these waivers do not shield them from liability for injuries caused by staff negligence.
Depending on the circumstances of the case or the state in which the injury occurred, liability waivers are not enforceable. Louisiana Civil Code Article 2004 states that waivers are essentially unenforceable in the state because they don’t hold up in court. Louisiana is one of only three states in which liability waivers are null when serious injury or death occurs.
Texas does recognize liability waivers but requires fair notice on all pre-injury releases. Releases that don’t satisfy Texas’ fair notice requirements of clear, unambiguous, and conspicuous language are not enforceable. Although lower courts in the state have ruled that pre-injury releases signed by a minor child’s parent are not enforceable, the Texas Supreme Court has yet to rule on the issue.
What Is the Statute of Limitations to Sue a School District?
School districts are considered government agencies, and as such, regular statutes of limitations don’t apply. The window in which a plaintiff can file a lawsuit against a school district is smaller, and damages victims can recover are capped. Seeking professional legal advice increases the odds that all parties who can be held accountable are named in a lawsuit and that victims and their families are awarded the financial relief they’re owed.
