Philadelphia Personal Injury Lawyer on School Injury
Blood on the ground, people lying injured on the floor, and the game continues, is a scene a Philadelphia Personal Injury Lawyer would expect only in the movie Gladiator, not a local school injury. Instead, this is a scene from a high school gym class. Despite preventative measures, students are increasingly more vulnerable to personal injury at school. In an attempt to battle childhood obesity, the rigor of physical education class has increased dramatically. As a result, a recent study showed a 150% rise in school physical education personal injuries, leaving many asking the question, have we tipped the scale in the wrong direction?
In a recent discussion with Philadelphia Personal Injury Lawyer John Fox regarding school injury incidents, an all-star athlete attending a public high school in a suburb of Philadelphia, Pennsylvania, recalls a girl crying during a dodge ball game because a boy twice her size smashed into her small frame. “The girl was lying on the floor and really hurt,” recalled the former student. The game continued with the student on the ground. “I thought it was weird that we didn’t stop the game- that’s what we do in sports. The gym teachers yelled to continue and for the student to get up and shake it off,” recalled the former student. On another occasion, the former student recalls a boy with glasses who broke his nose as a result of being hit in the face with a ball during an intense game of dodge-ball. “I felt so bad, there was blood everywhere. His nose was clearly broken and his smashed glasses were lying on the floor as students continued to play. It felt like forever before teachers finally stopped the game.”
A similar tale to tell of school injury in gym class was cited when a student sued her classmate for “violently swinging his hockey stick, missing the ball and striking her nose.” The injured student was rushed to the Community Medical Center to treat her personal injury. A complaint was filed. The judge decided that “her nose did not appear to be damaged,” according to the before and after pictures submitted. The case was appealed, attorneys arguing that “the students were not participating in a voluntary sport activity but were required to participate under the circumstances in which their failure to do so would result in a lower grade.” The teacher did not follow appropriate responsibilities to ensure the safety of the students, a breach in their duty of care. The appeal was lost. The judge ruled that although the injured student did experience personal injury, the appropriate “duty of care” was followed, and the facts did not prove the behavior of the defendant to be “reckless or intentional.”
With obesity on the rise in America, schools are making gym class a priority. Students are required to be physically active and participate and students are graded on their participation.
Sometimes personal injury accidents are simply accidents, and not the result of negligence. However, if you or your child has suffered a school injury or accident, and you believe the appropriate “duty of care” was not followed and that the act was“reckless or intentional,” contact Philadelphia Personal Injury Lawyer John Fox, at 215-568-6868 to further discuss your Personal Injury case.