Legal Question in Personal Injury in California

Case law regarding private school liability on field trips

Thanks for fielding my question. My son's private school typically allows students, teachers, parents, members of the corporation (it's a non-profit), as well as friends and family to attend field trips off campus. The school board is concerned about liability arising from this practice and feels it can reduce its liability by disallowing family members and friends from attending field trips. I contend that that properly signed waivers offset liability. Is there case law? Your opinion? thx


Asked on 11/10/99, 5:15 pm

1 Answer from Attorneys
Joseph Marman Law Office of Joseph H. Marman

Re: Case law regarding private school liability on field trips

Yes, there are probably hundred of cases that interpret how waivers affect the imposition of liability for various actions. The waiver must address aspects such as intentional misconduct, negligence, negligence of third parties that the guardian may be required to protect against, as well as acts of gross negligence, or drunkedness, etc. There are also issues of how old the person is that signs the waiver, whether that person has the authority to waive liability for the person they are signing off for, and how broad the waiver is intended to be.

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Answered on 11/16/99, 5:39 pm


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