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Negligence: Case Law

The high school football team practiced in the gym due to rain. He head coach called all of the assistants from the gym for a brief meeting, telling the students to run laps. While running, two boys bump one another and a fight ensues. One boy receives a broken nose in the incident, and his parents informed the coach they will sue him for negligence because he was not in the gym when the fight broke out.

There are four questions that will be used to determine if the coach in this situation was or was not negligent: 1) Did the coach exhibit negligent supervision? 2) Did the coach show deliberate indifference? 3) Does football represent a voluntary or non-voluntary activity? and 4) Was duty to provide adequate supervision breached?

Priester v. Lowndes County School District (2004) is similar in nature to the current situation. In this case, a teammate attacked a football player during practice. In this case the school board of Lowndes County was not held liable for the assault. The Court found "No special relationship existed between the school district and its students during a school-sponsored football practice held outside of the time during which students were required to attend school for non-voluntary activities" (Priester, 2004). In the current scenario, football practice was held outside of the time during which students were required to attend school for non-voluntary activities, so no special relationship exists between the school district and its students.

Another case related to the current situation is Whitfield v. BOE of City of Mount Vernon (2005). In this case, parents of a kindergartner sued the Mount Vernon Board of Education, claiming the sexual assault by a student in the class constituted "negligent supervision" (Whitfield, 2005). Schools do have a du

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Negligence: Case Law. (1969, December 31). In LotsofEssays.com. Retrieved 19:09, March 28, 2024, from https://www.lotsofessays.com/viewpaper/2000715.html