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Playground Injuries: Who Is Liable?
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Sep 2010
Being “at school” can encompass a wide array of situations and places in addition to being in a classroom: transport to and from school, walking and taking a bus, lunch, after-school programs, including indoor and outdoor sports, summer school programs, group field trips, and of course, recess.
Risk of Injury
Even though children may not be in the classroom during recess, there is still an expectation that a teacher or other adult will supervise the children while they are at play. Statistics found on the website Safe Kids USA show a greater need for adult supervision of children on playgrounds at school.
- Lack of supervision is associated with approximately 40% of playground injuries.
- Children ages 5-9 account for more than half of all playground-related injuries.
- Children play without adult supervision more often on school playgrounds.
- Nearly 40% of playground injuries occur during the months of May, June, and September.
Negligence
A recent New York case outlines some important issues related to a school becoming liable for negligence. In general, schools have a duty to adequately supervise students in their charge and can be liable for certain foreseeable injuries related to a lack of supervision. Schools cannot ensure the safety of their students, but should take steps to prevent harm to them, if they see that rough playing could cause one child to injure another.
This case involved injury to a student during recess at summer school. Several third-grade boys separated from other members of their class and threw pieces of asphalt at each other. School regulations prohibited this behavior and the teacher(s) assigned to supervise them did not stop them. The incident escalated, resulting in the plaintiff’s leg being broken and requiring several surgeries. The Appeals Court found that there was enough evidence for the case to move forward and that the lower court should not have dismissed it.
In California, a Metropolitan News-Enterprise story reports on another lawsuit against a school that was recently revived on appeal. The suit alleged negligent supervision based on an alleged sexual assault against a seven-year-old girl by her peers. The children were attending a free after-school playground program when a “kissing club” went awry. According to the article, Justice Klein wrote: “[s]chools have a special relationship to supervise children on their premises, including participants in voluntary programs, giving rise to a duty to provide children reasonable protection.”
Immunity & Discretion
However, not all school injuries result in school liability. The Union Recorder reports that in Georgia, a teacher was not liable for injuries sustained by a student in her class. An experiment launched a bottle into the air like a rocket. A metal pin hit a student in the eye and blinded him. The student was not wearing protective goggles. The Court found that the teacher was protected by official immunity and that she made a “discretionary judgment call.”
Bullying
Another area of concern is bullying. Across the country, the issue is being addressed more frequently. In Maryland, the Governor declared Maryland Bullying Awareness and Prevention Week. In Massachusetts, the Governor signed anti-bullying legislation. According to the press release, “[t]he mandated reporting requirements, anti-bullying curricula at all grade levels, and cyber-bullying components make this the most comprehensive and one of the strictest bills in the nation.”
Nobody wants to see any child harmed at school or anywhere, but accidents happen and often, the courts hold schools liable for injuries perceived as resulting from negligence. Watching children closely and intervening when necessary can do a lot to decrease injuries and prevent schools from any resulting liability.
More Info:
Armellino v Thomase, 2010 NY Slip Op 03256 [72 AD3d 849], April 20, 2010.
Duty Owed to Students in After-School Programs, by Steven M. Ellis, March 29, 2010.
Ga. top court finds teacher not liable for injury, by Dorie Turner, July 5, 2010.
Maryland Bullying Awareness and Prevention Week.
Governor Patrick Signs Landmark Anti-Bullying Legislation, May 3, 2010.
Most Viewed in Personal Injury
Comments
Submitted by on Aug 26, 2010 - 5:42PM
Isn't it 'strange' that 60 years ago when school recess was in progress, there was maybe one teacher in charge of "playground activiity." If a child was hurt on the swings or slide, whatever play activity, the school nurse was summond if necessary. Serious injury, the child was taken to the nearest hospital. Parents did not hold the schools or teachers liable. In the past few years, "people" have gone sue crazy and looking for retribution for not teaching their children at home about playing safely or teaching their children about human kindness. The parents are at fault and need to blame someone other than theirselves. What a pity. Therefore, insurance has flourished with high premiums and lawyers have flourished because of ignorant parents and the dollar sign. A teacher who is assigned playground activity monitor must not only watch over the multitude of careless children but bullies as well. That teacher is expected to teach the children a designed ciriculum, watch for bedbugs and lice, find out why Johny is always sleepy in class, make out tons of paperwork for the local and federal government, explain to parents why junior or missy is not capable of learning or too lazy to learn, getting hit with paper wads from students who want to play and not learn, unable to discipline the children because the teacher will get sued by the parents who neglect or over-protect their darlings, appease the principal and the school board with ridiculous tests to make sure she/he is teaching well, there is much more-what parents will not do at home they expect the teachers to do as grand baby sitters but defy teachers to discipline their children, and the teacher gets paid peanuts for all of this. Teachers are expected to raise children or teach them? Which is it? Good teachers are not negligent. Some parents are. If ONE teacher is present on a playground, that constitutes someone present in case of injury, bad language or insult. Perhaps schools need to ask parents to volunteer their time during recess to assure eveyone's safety? Seems like a good idea to me. Then, whom could sue whom? HA!
Submitted by on May 11, 2011 - 7:34PM
How about accountability and responsibility if you can't accept it don't become a teacher of work in a school its easy to say all that until its your kid
Submitted by on Mar 14, 2012 - 9:37PM
Wow. I really disagree. I do agree that less and less parents are involved in their childrens lives, but, you cannot have any parent come to our schools and watch other peoples children. 1st there is the issue of I send my kids to a school for trained professionals to watch my student/ child, and teachers have recess duty (not recess cakkling). 2nd how about the issue of background checks- 3rd I do not think some parents should be raising their own children, they are definately not going to be in charge of mine (they have no idea of what school laws are (teachers do go through these classes 4th My child fell off a beam that was twelve feet off the ground onto his head at recess, we told the teachers, principal and school super./ board we wanted our child nowhere near this apparatus again, the same thing happened the following week- but this time my son fractured his neck in two spots, his skull in one spot, crushed two discs in his spine, and damaged his chest (organs). He was unconscious for two minutes before a students went to get a teacher, who were in their group talking (recesss duty- not recess collaboration for teachers). My son now must have a neck brace on for 2 months, take pain meds/ etc., and have surgery, not counting they just ended his chances for most sport scholarships and peer relations. What do you think, would you lawsuit if this was your child they permanently/ neglectfully let get injured, especially since you told them absolutely no playing on that piece of equipment?
Submitted by on May 9, 2012 - 12:24PM
Hi Jerry - Thank you for contacting LegalZoom. We are sincerely sorry to hear what happened to your son. While we make creating legal documents easy and affordable, we can't give specific legal advice. However, we may be able to help you find an attorney to discuss your options on this matter through our Legal Advantage Plus plan! Please visit https://www.legalzoom.com/attorneys-lawyers/legal-plans/personal.html for more details.
Submitted by on Aug 30, 2010 - 3:50PM
You can blame the teachers unions along with the parents.
The curriculum is completely taken out of the school principals hands in some situations. Schools need to get back to basics such as reading, math, science instead of giving kids all these unnecessary courses. SAT and ACT scores have actually gone down and the US is so far down on the list world wide regarding education it is pathetic. Schools absolutely do not teach kids how to be successful in real life. Some kids don't know how to make change, write a check, balance a checkbook or how to boil water. Our society has gotten sue happy instead of taking responsibility for our own actions and teaching our children right from wrong.
Submitted by on Oct 28, 2010 - 6:29PM
Ok what if not about the injury but the actions taken after the injury. I know kids get hurt but my child was pushed running outside and fell and hit her head on the concrete. And I was not called or notified at all...I picked my child up with a knot on her head and swollen nose...I took her to er she had a concussion so she sat there for 4 hours with a headache and all that for what? I had to go into the school to even find out what happened. So am I wrong to sue? I don't think so. They had a duty to protect my child from being neglected yet no one wants to take responsibility. The health aide told me she didn't think it was that bad and if it hurt so she should of came back down. My 6 year old was suppose to make that decsion. They put us throught two days of hell.. they deserve what they get! Most people don't know why people sue there are many cases like mine out there its not always about the injury its about the aftermath of the injury!
Submitted by on Dec 3, 2010 - 9:25PM
My daughter, age 7 fell off the monkey bars head first and was knocked out cold, after the attending recess teacher woke her up he told her to "walk it off" and never reported it. I found out when she came home and told me. I rushed her in and sat half the night at the doctor's and in the hospital for a CT. She has a severe concussion and a closed head injury. The school is telling me they are not liable to pay the medical costs. Well someone is gonna pay...maybe not monatarialy but someone WILL answer for this!!!! Had she not told me and never woke up the next morning I'd of never known anything!!!! What do I do???
Submitted by on Mar 1, 2011 - 11:09PM
I still haven't had answer's about my son falling at the age of 5,smashing his first tooth out and the gums and hole of his mouth being completely crocked,he had beautiful teeth before,as a single parent i feel im taken for a fool,when infact as the school has camera's on the playground then im sure they could of proved to me it was just a fall,i have arsked my son over an over to show me how it happened an he does'nt want to talk about it,an as a result of this he has been having nose bleeds which is new to me,i no boys play rough an no he should at least try to like school,but at the age of five how rough are they surpose to be,surely that age they dont get picked on,were was the teacher when all this happened,an why didnt they offer to giv me a lift with his mouth smashed like so,the dentist local refused to see him but wanted me to sign a piece of paper for them to claim,an wen i reached the emergency dep his whole gums were infected,im looking for any good true citizen to try get there head round this because when i do get to the bottom of this(human rights)there will never be another mishap causing injury.
Submitted by on Mar 4, 2011 - 5:12PM
Hi thanks so much for your question. We are sorry of the situation you and your family are facing. We would love to help, but because we are not a law firm, we cannot provide legal advice on this matter. An attorney might be able to address your concerns, though. If you are interested in finding an attorney, please refer to our attorney referral network: http://attorneyconnect.legalzoom.com
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