So You Think You Know the Law…(Answers to the Spring Edition 2012 of Gray Matters)
May 2012
4. If a child is hurt due to the negligent or criminal conduct of a teacher, the parent may immediately hire a lawyer and file a lawsuit against the district as the teacher’s employer. (True or False)
False: You may immediately hire a lawyer, but you cannot file a lawsuit until you, or your lawyer, files a government tort claim against the school district pursuant to Government Code § 911.2. A prerequisite to a civil lawsuit is the filing of such a claim with the appropriate governmental entity. If this is not done within six months of the injury, your civil lawsuit may be barred. After your claim is timely filed and either denied or rejected as a matter of law, you may proceed to file a civil action for damages.For any questions you may have regarding public school tort liability, please contact Rick Williams in our Redwood City office.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.
