Gym Class Accidents and Injuries: Proving School Liability

Parents can hold schools accountable for gym class injuries to children. See what counts as school negligence and how to protect your child’s interests.

More than 40,000 children each year are injured badly enough in gym class to end up in the emergency room.¹

While most gym class injuries are minor scrapes and bruises, many serious injuries happen, including head trauma, broken bones, eye injuries, and more.

Boys are more likely to suffer head injuries ranging from deep cuts to fractured skulls. Girls tend to have more injuries to their legs, knees, ankles, and feet during physical activities like running and gymnastics.

Active children are bound to get hurt from time to time, at home or school. While most injuries are purely accidental, sometimes kids are hurt due to negligence during physical education classes. If the school is responsible for your child’s injuries, you may be entitled to pursue compensation.

School Gym Safety Obligations

Children are more often injured on a school’s playground and in PE class than anywhere else on the premises.

Public and private schools have a legal duty of care (obligation) to protect their students from undue harm. The school’s duty begins the minute the student steps on the school bus in the morning and continues throughout the school day.

But a school’s duty of care is not absolute. Schools can’t eliminate all risk of injury for children in their care. Courts have traditionally ruled that a school fulfills its duty of care when it does everything reasonably possible to protect its students. The duty of care extends to school staff, including coaches and teachers.

In a gym class injury, the issue becomes whether or not the school, through its physical education instructor, did everything within reason to avoid a dangerous condition.

When a school fails to do everything within reason to protect its students, and that failure results in a student’s injury, the school has breached its duty of care. That violation is known as negligence.

When negligence occurs, the school becomes responsible for the student’s injuries and resulting damages.

Creating a Safe Physical Education Environment

Physical education teachers have an obligation to look out for the health and safety of their students.

Prudent gym teachers take the time to:

  • Plan gym activities and allocate appropriate space
  • Inspect the grounds and class areas for hazards before each activity
  • Select and inspect safety equipment that is appropriate for each activity
  • Monitor indoor and outdoor gym areas for safety and security

What Counts as School Negligence?

There are four elements of negligence in any personal injury claim. When all four elements apply to the circumstances of your child’s phys ed injuries, the school can be held liable, meaning financially responsible for damages.

The school may be negligent in circumstances where:

  1. The gym teacher had a duty of care to protect your child from undue harm.
  2. The teacher violated their duty of care.
  3. The violation was the direct cause of your child’s injuries.
  4. The teacher knew, or should have known of the danger to your child.

Negligence depends on the circumstances leading to the injury. For example, if a child gets hurt from a fall, it might be accidental or the result of negligence:

  • A student slipping and falling because of perspiration on the gym floor during a volleyball class probably isn’t due to the school’s negligence, it’s just an accident.
  • A child suffering heat stroke during an outdoor volleyball class in record heat may be due to the school’s negligence.

Negligence Makes the School Liable

Truly accidental injuries during physical education can’t be blamed on the school, even if the injuries are serious. On the other hand, injuries due entirely to negligence make the school fully liable.

Example: Accidental Eye Injury During Basketball

Simon was guarding another player named Mike during a basketball game. Simon had his arms up in the correct defensive posture. A player on the other team threw the basketball to Mike, but Simon’s arms blocked the pass.

Unfortunately, when the ball hit Simon’s right hand, it knocked one of Simon’s fingers into Mike’s eye, causing an injury.

Although a serious eye injury occurred, the school isn’t liable. The injury was wholly accidental and occurred during normal play.

Example: Spinal Injury from Dangerous Gym Activity  

As part of a class exercise, the gym teacher had students jump over stacked-up mats. During the exercise, several of the mats dislodged, making the jump awkward and dangerous.

The gym teacher took no action to stop the exercise and re-stack the mats. While attempting to jump over the dislodged mats, Susie caught her foot on the edge of one. She fell and fractured her vertebrae.

Later they discovered the school received prior complaints from parents whose children fell over the same dislodged mats during gym class.

In this case, the student’s injury was not accidental. The gym teacher knew or should have known about the danger caused by the dislodged mats and failed to eliminate the dangerous condition. The school is therefore liable for Susie’s damages.

Whether gym class injuries are an accident or caused by school negligence can be difficult to determine. If you believe negligence caused your child’s injury, you’ll need evidence to support your claim.

Beware of  School Claim Rules and Deadlines

Public school systems often require parents to jump through several hoops before filing a lawsuit. When the school says you must “exhaust all administrative remedies” it means you have to start by bringing your complaint to the school district for resolution before you’re allowed to file a lawsuit.

What they may not tell you is there are specific deadlines for filing injury claims against government agencies like schools, sometimes as little as 30 days. Missing the filing deadline can end your claim.

Don’t rely on the school’s advice for handling your claim. Contact a personal injury attorney to protect your child’s interests from the beginning.

Public school systems are part of the local government. Just like any other state agency, they are protected by that state’s version of sovereign immunity. Sovereign immunity is a legal rule that prevents the government or its subdivisions, departments, and agencies from being sued without its consent.

Private school injury claims can probably be handled directly with the school’s insurance company. Ask the principal or school administrator for their insurance information. Bear in mind that settling insurance claims for underage children can be tricky.

Gathering Evidence of School Negligence

To succeed in your child’s injury claim against the school, you must have evidence of negligence to show the gym instructor did something wrong or failed to do what a reasonable teacher would do.

  • Prompt medical attention: If your child is not transported directly to the hospital from school, seek medical attention as soon as possible. If your pediatric medical provider isn’t available, take your child to the hospital emergency department or urgent care center.
  • Photographs and videos: These days many children carry smartphones. Kids are quick to whip out their phone and start taking pictures when incidents occur. Your child’s classmates may have filmed the incident that caused your child’s injury. Keep taking pictures of your child’s injuries throughout their recovery.
  • School surveillance footage: Schools use surveillance cameras primarily for security, but they can also identify activities taking place on school property. See if a surveillance camera was in the gym or close to the playing field where your child was hurt. Let the school know you expect them to preserve all footage taken the day of your child’s injury. They won’t voluntarily give it to you, but an attorney can use legal means to obtain copies.
  • School records: Proof of prior knowledge of a dangerous condition or previous issues with the teacher can be devastating for the school. It shows the school was fully aware of the danger and did nothing to eliminate or repair it. The school will not disclose internal records without a subpoena from your child’s attorney.
  • Witness statements: Ask other parents for permission to get witness statements from children who saw what happened. Also, look for parents who made previous complaints to the school about a dangerous condition. A dangerous condition can include the way a teacher forces students to continue even after someone is hurt, or reports of a bully who injured other students.
  • Damages: Without proof of your child’s damages, you don’t have a legitimate injury claim. Proof of damages includes copies of your child’s medical records and bills, receipts for out-of-pocket medical expenses, and other injury-related costs. High school or middle school students may have a lost wages claim after an injury.

Settling a Gym Class Injury Claim

If your child only suffered sprains, bruises, or related injuries, you may decide to handle the claim on your own. Make sure you don’t agree to settle until your child has finished treatment, and the insurance adjuster has evidence of all the damages.

If the claim is against a public school, you may end up with nothing if every form isn’t filled out correctly or you miss a deadline.

If your child’s injuries are more serious, you need an experienced attorney. There’s just too much at stake when it comes to high-dollar injury claims.

Serious Injury Claims Require Special Handling

Only an experienced attorney can ensure your child gets appropriate compensation for severe injuries like brain trauma, spinal cord injuries, or other disfiguring or disabling injuries.

An attorney should always handle cases involving criminal abuse or assault, defective sports equipment, wrongful death cases, and other complex claims. Keep in mind that claims against a public school system are time-sensitive and complicated.

Many states require judicial approval and controlled distribution for compensation awarded to an underage child. Your attorney will make sure the school covers the cost of setting up financial trusts or annuities.

Don’t risk your child’s future. Most personal injury lawyers offer a free consultation. There’s no obligation, and no cost to find out what a skilled attorney can do for you and your child.

Gym Class Injury Questions