Many school injuries happen during gym class. Unlike afterschool sports, physical education class is mandatory and so there is not the “assumed risk” that helps protect schools and clubs from many injuries that happen on sports teams. This is why gym class accidents make better cases than other sport-related accidents. In order to have a case, however, you do need to prove the school was negligent, and that their negligence was at least partly responsible for the accident.
There are three ways schools are often negligent for these types of accidents:
- Poor Supervision—Gym class should have a reasonable student/teacher ratio. The gym teacher needs to be fully aware of what is going on and take reasonable care in watching that the students are safe.
- Poor Instruction—the gym teacher needs to adequately instruct the students on how to use the gym equipment and perform the class activity. He or she also needs to ensure that activities are appropriate for the age, skill level and number of children in the class.
- Unsafe or Inadequate Equipment—Equipment needs to be well maintained and up to current safety standards. In addition, lack of necessary safety equipment, such as helmets, can also result in avoidable injuries.
If one of these issues caused your child's accident, then you may have a case.
What Should You Do?
If your child was injured in gym class, give us a call and let us help determine if you have a case. During a free consultation—there is no risk or obligation—we can help answer your questions, discuss your legal options and decide the best course of action. You may be able to get compensated for current and future medical bills, your lost wages as the caretaker, pain and suffering and any other related costs.
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