CASE ANALYSIS: High School Student Run Over In Parking Lot

FACTS: A 16-year-old female student as Scripps Ranch High School was accidentally run over in the high school’s parking lot. According to reports, the victim and other students were socializing in the parking lot just after school, apparently sitting on the asphalt. A 16-year-old male student then got into his car, started the engine, and proceeded to drive away. It is unclear what happened next, but apparently several of the victim’s friends were able to move out of the way, but not the victim, who was run over by male student driver.

Sadly, the girl was seriously injured. According the news reports, she suffered internal injuries, including a lacerated liver, and facial trauma.

LIABILITY ANALYSIS: General tort principles would apply to a case such as this. The male driver would be liable for any and all damages caused by his negligence, but that liability would be reduced by the comparative fault of the victim, if any.

Assuming negligence on the part of the driver, the damages would likely be limited to his auto insurance policy. As a minor, his parents could be held liable for additional sums, but that liability would probably be limited to $25,000 under California Civil Code §1714.1.

The school is probably not exposed to liability, unless it could be shown there was some wrongdoing on its part.

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