Is the school liable

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Is the school liable

My son’s car was damaged at a school after a basketball game. Another student jumped on hood twice damaging it. The
school does not have video footage and the studetn cannot be 100 identified

Asked on January 24, 2017 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Why would the school be liable? Did a school employee help the student damage your car? The school--or any business, institution, property owner, etc.--does not "insure" the belongings, including cars, of its guests; it is not liable simply because damage occured on its property. Rather, it  is only liable if at fault in some way--i.e. if one of its employees caused the damage either negligently (carelessly) or at the direction of management. But if a student jumped on your car, that is not the school's fault and they are not liable. If you can identify the student, you can sue his or her parents or legal guardians for the damage the student did; parents and legal guardians are liable for the actions of their minors.


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