My daughter was injured playing softball at school. She broke her ankle and needed a rod and pins inserted in her leg to repair it. Can she sue the school?
Injuries incurred while engaging in recreational activities may lead to a successful claim against the school. But while playing any sport, every participant assumes that they will be subject to some risk that is not present in the classroom. I will assume that the injury occurred while your daughter was playing during a gym class at school. The question of school liability comes down to handling the risk in the best way possible.
The duty for schools to supervise children arises because the school is acting as the child’s parent (in loco parentis). Williams v Weatherstone, 23 NY3d 384, 991 NYS2d 779 (2014). Besides seeing if written safety policies were followed, the court would have to look at the equipment involved. Were the parents fully apprised of all the risks? Did the teacher have notice a student could break her leg while playing softball? Ismahan A. v Williamsville Board of Education, 200 AD3d 1667, 161 NYS3d 582 (4th Dept 2021). Was there anything different the teacher could have done to avoid the accident? Clark v Susquehanna Valley Cent. School Dist., 19 AD3d 926, 797 NYS2d 608 (3d Dept 2005).
There are many more areas of inquiry depending upon the circumstances. Without spending more time discussing specifics, it is impossible to determine if the school was liable.
By James Santner, Esq.
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