So You Think You Know the Law…(Answers to the Spring Edition 2012 of Gray Matters)
May 2012
3. A public school is not responsible for a student’s knee injury sustained during a football game. (True or False)
True: Although California Education Code § 44807 requires teachers to supervise students at school and on the playground, there is nothing in the Education Code that prevents the application of the primary assumption of the risk doctrine to an injury sustained by a student participating in a school sponsored sporting event. This means that the school is not liable for an injury during a game or match if the injury is inherent in the sport such as a broken arm in a wrestling match, or a knee injury in a football game. There is no liability if a coach reasonably prepares the student for the event, but if the coach increases the risk of injury that is inherent in the sport, there are situations where liability may be found (e.g. a coach teaches improper tackling techniques and a student suffers a broken neck as a result). See Kahn v. East Side Union High School District.For any questions you may have regarding public school tort liability, please contact Rick Williams in our Redwood City office.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.
