Reply To: Student Cell Phones – Potential Liability Issues/Solutions
This situation would be governed by the laws governing bailment. This would be a bailment for mutual benefit so the district would be required to exercise ordinary care.
Your scenario where the caddy falls off the wall and a phone is broken would be the districts responsibility. Please make sure they are secure.
The situation where a student steals another student’s cell phone would probably not be the districts’ fault. Just to be on the safe side you may want to ask teachers or aides to stand by the caddy and observe students as they pick up their phones in order to discourage this activity. The district may want to craft a release that they are not responsible for loss of stolen property if students chose to bring their cellphones to class and deposit them in the caddy. Perhaps a sign on the caddy, use at your own risk.