Legal Question in Civil Litigation in California

Was the other child negligent? Was the school? It seems falling is an inherent risk of playing tag. Do you think a court would find that allowing children to play tag makes the children and school negligent? Unless you're prepared to argue that, why would you argue that they have liability? Injury liability comes from negligence, not out of thin air just because someone or something is the precipitating cause of harm or damage.

That's a tough case. While I would agree with you that the school owes your child a duty of care, what is not clear here is whether the school failed to comply with that duty of care. In other words, it is not clear whether school personnel prohibited them from playing tag, or attempted to stop them, or left them unsupervised.

You should be aware, however, that because the school is a public entity, that they are subject to the tort claims act, and generally a claim must be filed with the school within 6 months after the injury. This is a prerequisite to any lawsuit against the school.