How can I hold the school board responsible for the school bus accident?
In California, school boards may be held responsible for a school bus accident if they were negligent in the performance of their duty. Negligence is when a person or organization fails to exercise reasonable care in a situation, which then results in harm to another person or property. To prove negligence, the plaintiff, or injured person, must show that all four elements of the negligence claim are present: a duty owed to another, a breach of that duty, that the breach caused harm, and damages. The school board’s duty is to take reasonable measures to ensure the safety of students who ride the bus. Examples of reasonable measures can include properly maintained buses, trained and qualified drivers, thorough driver background checks, and providing working safety equipment on the bus. If a school board does not take reasonable measures and an accident occurs, the school board may be held responsible for any damages caused. In order to hold a school board responsible for a school bus accident, the plaintiff must be able to prove that the school board either failed to provide a safe bus environment, such as not conducting background checks on bus drivers, or that the school board was aware of a dangerous situation on the bus and failed to take action to fix it. Additionally, the plaintiff must show that the negligence of the school board was the direct cause of the accident and that they suffered damages as a result. If all elements of the negligence claim are proven, a court may hold the school board liable for the damages and award compensation to the injured person.
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