Brent Thomas, principal of Homewood High School, located in a very affluent community, recommended and received approval to hire George Banks as his new physical education teacher. George organized the first hockey program for the school. Students who wanted to participate were required to undergo a physical examination and submit a written permission slip from their parents. One day during practice, Ricky Watts, a 14-year old student, sustained serious injuries to his mouth and jaw when he used an improper technique to block the hockey puck. His parents were upset and filed liability charges against the principal and coach.
1. What factors would determine whether the principal may be liable?
2. What factors would determine whether George Banks is liable?
3. Can either Thomas or Banks successfully use the defense of assumption of risk to avoid liability charges? Why or why not?
4. Develop a set of defensible guidelines governing supervision of competitive athletic activities.
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Carl
ReplyDelete1. Standard of care, Breach of duty and proximate cause.
ReplyDelete2. Standard of care, did George consider the level of care associated with the age and maturity of the student prior to his injury. Breach of duty, did George meet the standard of care given to the situation and should he have foreseen possible injury. Proximate cause, is the evidence that links the injury directly to the failure of the educator to act prudently in the given situation.
3. Yes, the student assumes risk due to the fact that hockey is ordinarily a violent sport and that the student was given proper blocking technique instruction to use when blocking a hockey puck which was not followed by the student.
4. Guidelines for participating in competitive athletic activities:
• Do not allow contact sports with students under the age of 15.
• Require parent to sign permission forms for their child and inform them of the possible risk of injury involved in participating in the activity.
• Require all athletic supervisors to be trained and certified to supervise the sport.
• Require that proper equipment be used and the facility is appropriately maintained.
• Instruct and test participants on rules of play and guidelines for safe facility use.
• Require students to have physicals before participating in activities.
I agree with Carl. The student and parents should have been aware that injury might take lace due to the violent nature of hockey. It is a contact sport so there should have been an understanding that injury would probably take place. I think that the guidelines Carl has prepared are very thorough and should reduce the chances for liability by the school.
ReplyDeleteI agree with what Carl has outlined. The student and the parents are aware of the possible injuries that can be associated with playing a sport like hockey. The school took the appropriate steps by having the parents give written permission for their son to participate.
ReplyDelete