In Maryland, a school’s liability hinges on negligence, a legal concept requiring a duty of care to provide a safe environment. This duty encompasses providing adequate supervision, maintaining safe premises, and responding to risks like harassment or abuse.

For public schools, the Maryland Tort Claims Act imposes specific procedures and limitations before a lawsuit can be filed.

Duty of Care

Schools have a legal obligation to act reasonably to protect students from harm. This includes:

• Supervision: Providing adequate supervision during school hours and activities to prevent accidents.
• Premises Liability: Ensuring the school’s physical environment is safe and free from hazards like unrepaired equipment or unsafe playground structures.
• Safety Measures: Taking reasonable precautions to protect students from foreseeable dangers, including foreseeable risks from other students or external threats.
• Addressing Student Behavior: Responding to reports of bullying, harassment, or other problematic student behavior to prevent potential harm.

Breach of Duty

A school breaches its duty when it fails to meet its responsibility to keep students safe. Examples include:

• Failing to adequately supervise a classroom, leading to a student injury.
• Not warning about hazardous conditions, such as a wet floor.
• Failing to maintain equipment or the school grounds, creating a dangerous situation.

Causation and Damages

For a negligence claim to succeed, the student must prove the school’s failure directly caused their injury. The student must also demonstrate actual damages, such as medical expenses, lost school days, or emotional distress.

Public vs. Private Schools in Maryland

Public Schools:

• As government entities, public schools in Maryland often claim they are protected by sovereign immunity. Before suing a public school, a claimant should usually first file a claim with the local school board and attempt to adhere to the procedures outlined in the Maryland Tort Claims Act.

Private Schools:

• Private schools are generally subject to the same negligence principles as other private entities and are not protected by sovereign immunity.