The School’s Duty in Washington to Protect Students from Foreseeable Dangers
In Washington, schools are not just places of learning — they assume a special custodial relationship with their students that carries a legally enforceable duty to protect them from reasonably foreseeable dangers. This duty goes beyond generic safety guidance; it’s rooted in the recognition that schools take the place of parents caring for children while under their care and shaped by statutory requirements.
Under Washington law, school districts have long been recognized to stand in a special relationship which obligates schools to take affirmative steps — not just passive supervision — to protect students from foreseeable risks of harm. Public schools must anticipate and take precautions against dangers that can reasonably be anticipated, even if those dangers come from other students. In practical terms, this means a school must think beyond simply reacting to harms that occur and be proactive when risks are known or obvious.
Whether the risk of harm was foreseeable depends on whether it was within the “general field” of dangers which should have been anticipated. If so, and if the school failed to take reasonable precautions, liability can arise. Importantly, foreseeability does not require certainty about what exactly will happen; rather, the risk of harm that fits within a general danger zone may count even if the exact sequence of events was unusual.
Foreseeable dangers that Washington schools are obligated to address include:
Student-on-Student Misconduct, Including Bullying and Harassment
Sexual Abuse and Misconduct
Dangerous Conditions and Physical Hazards
Injuries in Sports and Extracurricular Activities
Health Emergencies and Known Medical Needs
Off-Campus Activities under School Supervision
If the school district knew or should have known of a risk and failed to take reasonable preventive steps, the school district can be held financially liable for the resulting harm. If a student was harmed from such a foreseeable danger, a seasoned school law attorney may be able to help.