What Should Families Know First?
Yes, you may be able to claim compensation if your child was hurt in gym class. If your child has been injured in a physical education incident involving someone’s negligence or the use of defective gym equipment, you may be entitled to compensation from those responsible. Whether and how far a school can be held responsible depends on the type of school and the laws of your state, so speak with a lawyer. Get your child medical care first, and keep the incident report, photos and medical records.
What are the most common gym class injuries?
Most gym class injuries are the sprains, strains, cuts and broken bones that come with running, jumping, climbing and ball games. Wrist and forearm fractures are common after falls. Collisions during basketball, soccer, volleyball and tag games can cause dental injuries, concussions and other head injuries. Gymnastics units, climbing ropes, tumbling mats and trampolines add the risk of falls from height, and heavy equipment such as goals and bleachers can tip or collapse.
Some of these injuries are simply part of being active. Others come from a torn mat, a piece of equipment that was never inspected, or a head injury that adults failed to take seriously. Serious head trauma can lead to a lasting child brain injury. Equipment problems are covered on our page on defective sports equipment, and falls from stands are covered on our bleacher fall page.
What are the warning signs of a concussion after gym class?
A child does not need to be knocked out to have a concussion. Watch for headache, dizziness, nausea, blurry vision, confusion, trouble concentrating, sensitivity to light or noise, unusual sleepiness and sudden changes in mood or behavior. A child with any of these signs after a fall or collision should stop playing and be evaluated by a medical professional the same day, and should not return to gym class or sports until a doctor says it is safe. Symptoms sometimes appear hours later, so tell the school nurse and keep watching your child at home.
How can heat and exhaustion cause injuries in PE?
Outdoor PE in hot weather, long runs and fitness tests can lead to heat illness, fainting and, in rare cases, a serious muscle breakdown condition called exertional rhabdomyolysis. Warning signs include extreme fatigue, muscle pain or swelling, very dark urine, vomiting and confusion. Children need water breaks, shade and permission to stop. Physical educators generally advise against using exercise such as laps or push ups as punishment, because forcing a tired child to keep going raises these risks. Check your district’s discipline policy, and speak with the school if your child says they were made to exercise past their limits.
What legal liability exists for children’s physical education injuries?
Actionable injuries occur when those responsible for someone’s safety fail to exercise the degree of care required under the particular circumstances and that failure is a cause of a child’s injuries. Whether and to what extent a school may be held legally responsible for a child’s gym class injuries may depend on the type of school involved and the laws of the state in which the school is located.
Are public schools immune from gym class injury claims?
The laws of many states grant public schools immunity from liability for injuries sustained by children during school activities. In some states this immunity is absolute, while in others the immunity merely reduces the amount of damages that can be recovered from public schools.
Can a private school be held liable?
A private school’s duty toward a student participating in gym class activities requires the school to exercise reasonable care for the safety of those children during such activities. Private schools do not enjoy the immunity afforded to public schools in many states, so they may be found liable for gym or physical education injuries if the injuries are determined to be the result of school or school employee negligence. Though some private schools ask parents to sign waivers releasing the school from liability for injuries sustained by a child during gym or physical education activities, the courts of many states have held such waivers unenforceable.
How can a school breach its duty of care in gym class?
A school may be found to have breached its duty of care in several ways. If the equipment used during gym class is in need of repair or otherwise inadequate for a student’s safe use, the school and gym instructors who fail to arrange for repair or replacement of equipment or upkeep of facilities may be found liable in a negligence action for injuries sustained as a result. If school policies or gym instructors allow students to take part in gym activities without proper supervision, the school and instructors may be found liable if the negligent supervision is determined to have been a cause of the child’s injuries. The distinction between accidental injuries and those resulting from negligent supervision may become an issue, because some gym activities carry an inherent risk of accidental injuries, or injuries sustained through no one’s fault, and such injuries will not lead to liability on the part of a school or supervisor.
How can schools and parents prevent gym class injuries?
Schools can inspect mats, ropes, goals and floors on a schedule and remove anything damaged, keep class sizes and supervision at levels that match the activity, and teach skills in steps with spotters for gymnastics and climbing. They can also post emergency procedures and train staff to recognize concussions and heat illness. Parents can tell the teacher about asthma, heart conditions, allergies or past injuries, make sure shoes fit and are tied, send a water bottle, and ask how the school handles injuries during PE. Children can be taught to speak up when something feels unsafe.
What should you do after a gym class injury?
Get medical care first and tell the doctor how the injury happened. Ask the school for the incident report and the names of the teachers and aides who were present, and write down your child’s account while it is fresh. Photograph the injury and, if possible, the equipment or area where it happened, and keep every medical bill and record. Talk to a lawyer before you sign release forms or give a recorded statement to the school’s insurer.
How Can Experts Help Investigate Gym Class Injuries?
A gym-class injury investigation may need opinions about the activity, equipment, supervision or medical consequences. The relevant expert depends on the issue: an activity-safety question is different from a question about what caused an injury or what treatment a child will need.
Experts can review the lesson plan, instructions, staffing information, incident records and the child’s medical evidence. Their role is to explain the supported findings, not assume that every PE accident proves negligence. Whether a particular opinion is required depends on the claim and applicable law.
How Can You Discuss a PE Injury With a Lawyer?
Children should be properly supervised and provided safe equipment when participating in gym class activities. If your child has been injured in a gym class accident, you have the right to claim compensation for this needless suffering. Contact child gym and physical education lawyer Jeffrey Killino today to discuss your situation.
