In the case of Stanfield v. Reading Bd. of Edn., 2018-Ohio-405, an Ohio appellate court found that a school board can be liable for injuries that occur off school premises – regardless of the school board’s ownership or affiliation with that location.
The case involves a student who “suffered a severe head injury when a discus thrown by another student [passed through a hole in the protective netting and] hit [him] in the head.” Stanfield at ¶ 2. The student and his mother filed a lawsuit for money damages against the school board. The school board sought to have the case dismissed on the grounds that, as a governmental entity, it is immune from tort liability.
However, Ohio law provides an exception to this immunity where the injuries are due to physical defects that occur within or on the grounds of buildings that are used in connection with the performance of a governmental function. In this case the injury occurred at a track-and-field stadium that was owned by a city and not by the school board. The school board “argued that because it did not own the stadium facility, [the] injury did not occur on school grounds and the Board could not be held liable under this exception.” Stanfield at ¶ 2.
The Ohio appellate court rejected this argument, finding that the “statute does not speak to ‘ownership,’ but requires only that the injury or loss occur within or on the grounds of buildings” used in connection with the performance of a governmental function. Stanfield at ¶ 11. This decision potentially exposes school boards “to liability for defects wherever a school activity might take place, regardless of the school district’s affiliation with the location” as that activity arguably makes the location “grounds” that are used in connection with the performance of a governmental function. Stanfield at ¶ 13.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.