Bartell v. Palos Verdes Peninsula Sch. Dist

In Bartell v. Palos Verdes Peninsula Sch. Dist. (1978) 83 Cal.App.3d 492, a 12-year-old boy was killed while playing a dangerous skateboarding game on a school playground after hours when there was no supervision. The boy had gained access to the playground through either an unlocked gate or a hole in a fence. The Bartell court rejected the contention that the school district's failure to prevent access to the playground constituted a dangerous condition of public property: "The injuries were the direct result of the boy's dangerous conduct ... and not of any defective or dangerous condition of the property." (Id., at p. 497.) In Bartell the only danger was the boy's participation in the skateboarding game. The playground itself was not dangerous. In sum, in Bartell v. Palos Verdes Peninsula Sch. Dist. (1978) plaintiffs' son suffered fatal injuries when he fell while riding a skateboard in defendant's schoolyard. (83 Cal.App.3d at p. 496.) The child had gained access to the schoolyard either through an unlocked gate or a hole in a fence. (Ibid.) Plaintiffs argued that "the alleged defective condition of the fence or the unlocked gate, viewed in conjunction with allegations of the known use of the schoolyard for the dangerous skateboard game, constituted the dangerous condition necessary for recovery under Government Code 835." (83 Cal.App.3d at p. 496.) The Bartell court disagreed, concluding that the alleged defects in the property "merely allowed access to the area, and as such they go to the question of the school district's duty of supervision and control, if any, over its property, and not to the existence of a dangerous condition. The injuries were the direct result of the dangerous conduct of plaintiffs' son and his companion and not of any defective or dangerous condition of the property." (Bartell, supra, 83 Cal.App.3d at p. 497.)