Legal Question in Personal Injury in California
If the coach for the high school team leaves the engine running in a van filled with students and forgets to engage the emergency or parking brake and one of the students through horse-play puts the vehicle into drive, which runs over the curb and crashing into the building and there are injuries, who is liable?
4 Answers from Attorneys
The chiled, child's parents (ltd. Liability), the coach and the school district under vicarious liability theory. If there was a release signed for a field trip with an assumption of risk, different analysis is required with more facts.
Let me know if I can help as I have handled several such cases.
I would say that the coach and the school is mostly responsible. I handle these types of cases all over the state of California. You may call me for a free consultation at 800-816-1529 x. 1.
My website is located at www.thepersonalinjury.com .
The real answer is turn it over to the insurance companies and let them sort it out.
I agree with the assessment that the coach and school district have the primary liability as they have a legal obligation to provide a safe learning environment and proper supervision at all times according to both statutory and case law. The child's horseplay would likely come in second positon here on the theory that but for the failure to supervise the kids AND engage the brake no accident would have occurred. You shuld consult an attorney. I hope this helps. Bob. (818) 222-2433
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