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HomeEducation CodeDiv. 1Pt. 19Ch. 3Art. 6§ 32350 Loaned Equipment Liability

§ 32350 Loaned Equipment Liability

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 32350 Loaned Equipment Liability

Key Takeaways

  • •If you lend equipment or an employee for free to a school or community college, you usually aren’t responsible if someone gets hurt or something gets damaged while the school is using them.
  • •But if the equipment is broken or the employee isn’t qualified, and that causes the problem, then you *are* responsible.
  • •The employee you lend stays your employee, even while working for the school, including for things like workers' compensation.

Example

A construction company lends a forklift and a trained driver for free to a school to help move heavy boxes. While the school is using the forklift, it tips over and breaks a window.

The construction company isn’t responsible for the broken window because they lent the forklift and driver for free, and the equipment wasn’t broken. The school is responsible instead.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 32350 Loaned Equipment Liability

Any person, corporation, firm, or public entity, or employee thereof, who gratuitously loans equipment of any description or the services of an employee to a school district or community college district shall not be liable, and the school district or community college district shall be liable, for damages because of personal injuries to, or the death of any person or damage to property resulting from the operation of such equipment or an act or omission of such employee occurring while such equipment or employee is under the supervision and control of the district. This section does not apply to any person, corporation, firm, or public entity who gratuitously loans mechanically defective equipment of any description or who gratuitously loans the services of an employee who is not fully qualified to perform such service, and such defect or lack of qualification is the cause of any damage or injury. An employee whose services are loaned to a school district or community college district pursuant to this section remains an employee of his employer for all purposes, including the application of the provisions of the Labor Code relating to workmen’s compensation. For the purposes of this section, “public entity” includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, or any other political subdivision or public corporation in this state. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

gratuitously loansschool districtcommunity college districtmechanically defective equipmentfully qualifiedworkmen’s compensation

Related Statutes

  • § 17370 School Board Liability Limits
  • § 17373 School Building Repair Funding
  • § 32360 School District Copyright Restrictions
  • § 32361 Employee Copyright Work Restrictions
  • § 35556 Employee Rights In Reorganization

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 32350.
View Official Source