High school gym locker theft & teacher failed to lock the room, isn't the school liable for this error?

Question

When I picked my daughter up from school today, she was in tears as her cell phone and Ipod (Christmas present) were stolen from her gym locker as well as a few other girls. She said the teacher is to lock the room while they are in class but today it wasn't locked. Normally the teacher rushes them to get dressed out so she can lock it! Also, the students are required to use the locks provided by the school. Someone got into these locks, perhaps with a "teacher" key... I smell a rat. What is even more upsetting are the idiots who run the school! I called to report this to an administrator and was told to file a police report on my own, unbelievable. He never took my name or anything, just "well no one else has reported it" and just what did he think I was calling for? I am planning to file suit in small claims as the school failed here on so many levels. Please save the "she should have left the Ipod at home"speeches, I have already done this with her and no one deserves this.

I filed the police report when I got off the phone from the school. We even provided the serial number for the phone and the Ipod. I also need to mention that the school does not ban these items. In fact one day when without her phone, the school refused to let her use the phone to call home to tell me she missed the bus!

If you are going to flame me, then I will report as abuse. If you work for a school and are defending your failed actions, you are the wrong party to answer here. It doesn't matter what was stolen from the locker. What matters is the negligence of the school employee and the school's indifference...it would be a different story if the kids were allowed to have their own SECURE lock, now wouldn't it?

Answer 1

If the teacher is supposed to lock the locker room, and it wasn't, then it is their fault. The school, regardless, should do something to help you out, in the way of at least pretending to look for the culprit. Hopefully they wouldn't pretend, but you never know.

If the school doesn't even make an attempt to find out who stole the stuff then take them to small claims court and claim that your daughter entrusted her possessions to the school. They failed to fulfill that responsibility, since the locks that they provided did not work, and the lock to the locker room, which should have been locked was left open. If the locks to the lockers weren't broken or anything, then find out who has access to the combinations. If need be, bring the gym teacher in as a co-defendant for leaving the door open.

And just because a school may have signs saying "not responsible for stolen items," that does not mean they are absolved from all legal responsibility. If your daughter took all the precautions that she could, by putting the stuff in the locker, and locking it, then it is not her fault they were stolen. The school is responsible for the teacher, who is their employee, not locking the door which helped facilitate the burglary. And one also has to wonder how someone got the combinations, since I doubt someone brought some cutters to cut the locks, or even were able to pick it with a stethoscope or whatever is used.

Answer 2

Before I read you 'additional information', I was going to say she should have brought her own lock. No that you said the school does not allow this, I believe they have a duty to secure the locker room. What if someone stole her 'regular' clothes out of the gym locker during class. She doesn't have the option of not leaving those in the locker room. I don't know your legal rights, but I would be upset as well.

Answer 3

Christopher... Good name as thats my sons name also. I went to a one room school house where they had 8 grades., Then graduated to high school. Talk about being in an open enviroment, let alone undressing for gym which was a requirement, and the gym teacher made sure everyone got their showers. I had brothers but they never said a thing about it. It didn't really bother me as i knew there were older guys, and younger ones. Sure you had those who had stuff to say or make fun of some of the others, but i had brains to know you never make fun of others. Certainly there were guys that had big penises, and those who had less. I had two things going for me though. I never had any problems getting girls as most of them were asking me out, and my heart has always been in the right place. I was no slouch in the trouser department, but i also didn't think with the size of my penis. There were however guys who would rather flunk out because of the situation. Those are the ones you make friends with and reassure them of their insecurities, and tell them not to be ashame of what God gave them. I guess the answer to your question would be that it is something each one will have a different experience with. I did however tell my boys, and they should never be ashamed of their bodies, nor make fun of other guys as we are each different. My daughter hated it and said that her gym coach made her feel that way because she thought that her coach was a lesbian. Hope this helps answer your question. It was a good subject !!!!

Answer 4

I think your chances of being able to file suit against the school are almost zero. Specifically because you would be filing against the wrong party. The school did not take your daughters possessions and is not liable because the vast majority of schools list various electronic devices in their handbook as items that are not allowed on school premises..and i would bet money on the fact that Ipods and Cell phones are included on that list.

Think about this..if the school was liable for every cellphone, Ipod or any other expensive items that got stolen..we would be paying twice as much out of our taxes for our children to go to school because everyone would be bringing them and there would be a whole lot more theft going on. It's a lot easier to break into unattended backpacks and lockers than it is to break into someones house and car..so in an effort to reduce the chances of things being stolen they made rules about children bringing expensive electronic devices to school.

You seem to forget that the so-called 'idiots' that run the school are doing just that..running a school...they are there to deal with your childs educational needs so that is what they are trained for....theft of Ipods and cellphones is not their area of expertise. The reason the administrator didn't take your name, and the reason no-one else reported anything..was..(and I hate to say this again)..because the things stolen weren't supposed to be in a school locker.

You're right, no-one deserves to have their things stolen from them..but the truth is that it happens, and the majority of the time it is all but impossible to find out who committed the crime. I know it's frustrating but we have to be careful when placed in such circumstances not to blame the wrong entity.

Answer 5

I would check the student handbook before proceeding...there could be something in there about ipods and other such devices....it may basically say...bring ipod at YOUR own risk but beware ....we are not liable for any theft that may occur (or something similar).

Also check the school policy regarding the teacher locking the door during gym class...is that school policy or does she just lock the door on her own?

I would definitely make a police report.

Answer 6

School Locker

Answer 7

I agree there is no more need for speeches, I am sure she feels horrible but I highly doubt you would win a case like this. Did you or your daughter have to sign any papers when renting the locker? I remember I had to when I was in school, but it could be different now. Most places have the We are not responsible for lost or stolen property signs posted if they do then there is nothing that can be done.

Answer 8

You are not likely to prevail. It's possible, but not likely, with only the facts you provided here. You DO need to file a police report. The school did correctly direct you when they told you to do so. If you wish, speak to an attorney in your city. For recommendations, contact your state's BAR Association.

Answer 9

i had my shoes ($120 Gary Payton basketball shoes) stolen from my locker in 7th grade and the school didnt do much...even though i knew who took them i had to provide a witness to it and i couldnt because i didnt have one..but i knew who did it ( i didnt put my lock on my locker). i would threaten a lawsuit against them. it was the teachers responsibility. they need to do more and investigate. good luck!