Legal Liabilities in Teaching Physical Education

Andrea D. Young

Legal Liability in Teaching Physical Education

Liability:

Lawsuits are increasing in physical education Usually larger class sizes.

Difficulty

supervising larger classes

chance of accidents occurring

A greater

Why Teachers Are at Risk for Liability

Teachers are high profiled and high responsibilities Teachers are acknowledged as certified professionals Training and Schooling should be consistent with national standards

Negligence

Level of negligence is determined in lawsuits. What role did the teacher play in attempting to avoid conditions that led to injury?

What role did the teacher play in sufficiently or improperly providing adequate care after an injury?
Did the teacher act accordingly to professional standards?

Parts to Negligence

Duty
Breach of duty Cause

Damage
Must have all four parts to be negligent

Typical Areas of Negligence in Physical Education

Supervision Instruction

Classroom environment
First Aid Emergencies Transportation

Teacher Supervision

Determine whether students are properly and safely executing activities. Maintain an active, ongoing process of supervision throughout the activity. Encourage peer supervision as a supplement to teacher supervision.

Role of Instruction

Teacher liability can be tied directly to students not being properly or sufficiently instructed before performing an activity.
Students should not be asked to perform movements when they arent capable of judging. Proper instruction must be given to students concerning proper protocols and procedures for setting up, using, and taking down equipment. Instruction dealing with proper safety should be simply stated.

Classroom Environment

Teachers must be vigilant and aware of potentially dangerous conditions There may be discrepancies between environmental conditions from day to day Space students accordingly to decrease potential incidents

Use equipment only in the manner for which it was designed.

First Aid Emergencies

Moving students are more at risk of injury than sedentary students. The teacher should be expected to provide appropriate assistance to an injured student First aid treatment for injury or sudden illness before the injured person has access to hospital care or a treatment facility.

Teachers should be trained in first aid and hold current first aid certificates.
First aid procedures should be developed with colleagues and school staff

First Aid Emergencies (Cont.)

Procedures should be permanently displayed throughout the school. They should be incorporated into your class objectives. Be aware of all students with pre-existing conditions. In the event of an incident, write a detailed report Include a brief rationale of what prevention measures were in place.

Be as specific and clear as possible.

Transportation

Transportation to outside facilities for school activities raises several issues. Liability is a real concern. Follow school policies, procedures, and practices at all times. Obtain parental consent forms.

Rules of Thumb for Avoiding Negligence Claims

Use a common sense approach Be aware of effective guidelines practiced by other professionals in the field. Follow procedures and practices that are addressed in national organization guidelines. Follow procedures and practices that are presented in the text.

Situations where physical education teachers were accused of negligence and taken to court
1. 2. 3. 4. 5. 6. 7. 8.

Not properly supervising locker room and facilities Leaving activity room doors open and unsupervised. Giving your keys to students. Having students move equipment that they cannot handle easily. Permitting horseplay. Placing a student in the role of sole supervisor of a class. Not establishing safety rules before class activity. Not becoming involved in resolving conflict.

9.
10.

Neglecting to warm up students properly before activity.

Physically over-extending a student.

Situations where physical education teachers were accused of negligence and taken to court
11. 12. 13. 14.

Ignoring prescribed curriculum. Bypassing fundamental skills. Not continually reviewing and updating a safety checklist Not having a checklist.

15.
16. 17. 18. 19. 20.

Not having an emergency plan.

Permitting activity on a wet, slippery floor. Not providing special attention to students with special needs. Leaving unnecessary equipment in the way during activity. Permitting students to wear inappropriate shoes or attire. Using correct equipment improperly.

Situations where physical education teachers were accused of negligence and taken to court
Participating in improper areas. 22. Using an inadequately lighted class area. 23. Hiring unqualified personnel. 24. Not informing proper school personnel of first aid procedures. 25. Not maintaining written records of objectives, incident reports, etc. 26. Not posting safety rules in conspicuous places. 27. Failing to check equipment on a regular basis. 28. Testing students abilities before teaching necessary skills. 29. Permitting inappropriate running and jumping in hazardous conditions. 30. Not maintaining awareness of legal issues.
21.

Reference
Babalola, Alla Joseph, and Ajibua Michael Alayode. "Sources Of Legal Liability Among Physical Education Teachers." International Education Studies 5.3 (2012): 193. Oregon State Dept. of Education, Salem. Legal Liability In The Gymnasium. n.p.: 1988. ERIC . www.longwood.edu/staff/colvinay/KINS%20378/Legal_issues.ppt.