Among the numerous risks that educational institutions are up against – schools should consider potential student injuries as they walk to and from the school grounds. Crossing guards are a common mitigation tactic but, despite their best efforts, exposures remain. Each state has different legislation on a district’s potential for liability, and in many jurisdictions, schools are immune from civil lawsuits. However, many factors affect your potential for immunity versus significant liability.

Immunity from Liability

In many states, a public duty doctrine shields schools from liability from harm to students by a third party. Despite this, courts have ruled that this does not protect a school if negligence by a crossing guard or other employee is a factor. Generally speaking, schools must exercise “reasonable care” in protecting their students and can be held liable for injuries resulting from the failure to practice such care. Therefore, it is vital to actively prevent student injuries, even if you believe that your institution has immunity.

Crossing Guard Immunity

Some jurisdictions provide immunity specifically for crossing guards and sponsors. However, this only applies to public institutions and typically excludes private schools. Additionally, willful acts are excluded from this legislative protection.  

Off School Grounds

Depending on your jurisdiction’s regulations, you may be open to liability on streets that are off school grounds. For instance, courts have ruled that if a school is aware that their students often cross a public road outside the boundaries of a crosswalk, it is the school’s responsibility to take appropriate action to protect the students.

Transferring Risk

A practical option to mitigate these risks is to hire a company that manages crossing guard operations. This action effectively transfers the risk from the school to the management company. However, if you decide to hire crossing guards directly instead, verify your liability under local legislation and discuss your need for insurance coverage with the professionals at Phoenix Insurance Group, Inc.