Accidents at recess and in class
Falls, collisions and injuries in supervised activities. The adult-to-student ratio, inspection of the space and immediate first aid are analyzed.
Schools · duty of supervision
School civil liability: accidents, bullying and what proves the duty of supervision
While a student is in its care, the school is liable for what happens to them. The defense in damages suits depends on showing that the institution acted carefully and recorded what it did.
Straight answer: when a school is liable for harm to a student
A private school is strictly liable, as a service provider, for harm suffered by a student in its care, including acts of other students, under the Brazilian Civil Code and the Consumer Code. Liability is excluded when the school shows the exclusive fault of the victim or of a third party, or an unforeseeable and unavoidable event. In practice, the defense depends on proving adequate supervision, applied protocols and an immediate response to the event, with documentary records and communication to the family.
This page is for sponsoring entities, principals and coordinators of Brazilian basic education schools, courses and institutions with in-person activities involving minors. We serve companies throughout the State of São Paulo, Brazil, with meetings at our Paulista or Tatuapé offices or by video call, and act before the São Paulo courts (TJSP), the labor courts (TRT-2, TRT-15), the federal court (TRF-3) and administrative bodies.
Situations that generate suits against schools
Bullying and assaults
Law 13,185/2015 requires a prevention program. Suits allege omission in the face of known signs. Records of the measures taken are the defense.
Students leaving and handovers to third parties
A student leaving without authorization or handed to an unregistered person creates serious liability. Exit control and a register of guardians are essential.
Transport and outside activities
Field trips, excursions and school transport keep the duty of care. Parental authorization does not remove liability for supervision failures.
Allergies and medication
An up-to-date health form, communication to staff and a protocol for medication and emergencies reduce risks and prove care.
Moral damages from exposure
Embarrassment by staff, exposure on social media and humiliating collection generate compensation regardless of physical harm.
What decides the damages suit
Contemporaneous record
An incident recorded the same day, with witnesses and communication to the family, weighs far more than accounts reconstructed months later.
Protocol applied, not just written
Prevention documents without proof of training and application are treated as formalities. Attendance lists and meeting minutes prove practice.
Response to the family
Immediate contact, follow-up and transparency reduce litigation and show good faith, even when harm occurred.
How the advisory works
1. Prevention
Supervision, anti-bullying, health and student exit protocols, with training and records.
2. Incident response
Immediate guidance after the event, records, communication and negotiation with the family.
3. Judicial defense
Action in damages suits, using records and expert evidence, and triggering insurance when available.
Never downplay an incident in communications with the family or promise that 'it will not happen again'. Describe the event, the measures taken and the planned follow-up.
Frequently asked questions about school civil liability
Does the authorization signed by parents for a field trip remove the school's liability?
No. The authorization allows participation, but the school remains liable for supervision during the activity.
Is a school liable for one student assaulting another?
Yes, strictly, while students are in its care. The defense shows that supervision was adequate and that the event was unforeseeable or was immediately contained.
Does school insurance cover moral damages?
It depends on the policy. Many policies cover only medical expenses from accidents. Civil liability coverage must be contracted specifically.
Official references and related pages
Brazilian rules of reference for school liability. Law 13,185/2015 and the education system's rules complement them.
Was there a student incident or a notice from a family?
Describe the event and the measures adopted through the secure channel. The screening guides the record and the appropriate response.