When a student is hurt because a school failed to act with reasonable care, families want clear steps. California law allows claims for negligence, but the process depends on whether the school is public or private, and there are strict deadlines that can cut a case off early if you miss them.
This guide walks through the basics in plain language: what counts as negligence, how the California Government Claims Act affects public school cases, what evidence helps, and how timing works. We’ll keep it practical for families in Manhattan Beach, without legal jargon getting in the way.
One common misconception is that you can file a lawsuit right away against a public school district. In many situations you must file a government claim first, then wait for the agency’s response before going to court.
For local resources and contact details, see our Manhattan Beach attorneys page. This helps families quickly find the right office when time matters.
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
Your approach changes based on whether the school is public or private. For a public school district in or near Manhattan Beach, the Government Claims Act requires you to present a written claim to the district before filing a lawsuit. Most injury claims must be presented within six months of the incident under Government Code section 911.2. The California Courts’ Self-Help Center also explains that if the agency denies the claim, you generally have six months from the rejection to file a lawsuit, see the guide on asking a government agency to pay you.
Private schools are not governed by the Government Claims Act. For typical negligence injuries, California’s general two-year statute of limitations in Code of Civil Procedure section 335.1 usually applies. That difference in timing is why the first question your education lawyer asks is often whether the school is public or private.
Negligence can stem from poor supervision, unsafe facilities, or both. If the harm involves staff conduct, abuse, or negligence by school employees, you may also want to review our Manhattan Beach school misconduct attorney page. It covers how misconduct can lead to civil liability.
For unsafe conditions on public school property, California sets out specific elements for liability, including proof of a dangerous condition, causation, and notice, in Government Code section 835. Evidence that helps includes incident reports, photos, maintenance logs, and prior complaints that show the district knew or should have known about the hazard.
On the safety-planning side, California expects schools to maintain and annually update a Comprehensive School Safety Plan and to make safety materials available for public inspection upon request. That expectation, described by the California Department of Education on Comprehensive School Safety Plans, can guide public records requests. Minutes from safety meetings, campus inspection checklists, and plan updates may support a negligence theory if they show gaps between policy and practice.
Some school incidents involve online harassment, illegal downloads, or other internet related allegations that create a parallel legal problem. If that is part of what happened, our Manhattan Beach internet crimes attorney page explains how these cases are handled.
Public schools. Present your written claim within six months for most injury cases, as required by Government Code section 911.2. If the district issues a written rejection, the typical window to sue is six months from that notice, which the California Courts explain in the Self-Help guide on government claims. If your claim was late and the district denies your request for permission to file late, you may petition the court for relief under Government Code section 946.6. That petition has its own short timeline, so act quickly.
Private schools. Without the claim-presentation step, you file directly in court, but you still must meet the statute of limitations in Code of Civil Procedure section 335.1. Preserve evidence, identify witnesses, and request records early so nothing critical goes missing.
Families who track deadlines and document conditions tend to have stronger cases. With a timely claim against a public district, you preserve the right to file suit if settlement talks fail. With a well-supported premises theory that matches section 835, you make it easier to show the district knew about a hazard or should have known. And by requesting safety plans and related records described by the California Department of Education’s CSSP guidance, you uncover patterns that can validate your concerns.
If the defendant is a public school district, yes, in most money-damages cases you must present a claim before suing. See California Courts’ Self-Help on government claims and Government Code section 911.2.
You can ask the superior court for relief, but the petition must be filed within a short period under Government Code section 946.6. Missing that can end the case.
For injuries tied to property conditions at public schools, you typically prove the elements in Government Code section 835. For supervision issues, records tied to the school’s safety planning and procedures can still matter; the California Department of Education outlines what schools should maintain in its CSSP guidance.
Quickly. For public school claims, most injury matters require a claim within six months under section 911.2. For private schools, the general two-year limit in CCP 335.1 often applies.
For a broader overview of cases we handle for students and families, visit our school negligence attorney page. It explains common school negligence scenarios and how legal action can help protect a child’s rights.
For help with How to Sue for School Negligence in California in Manhattan Beach, CA, contact Okabe & Haushalter at (310) 543-7708.
