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Harm but no Foul: School not Liable for Injury During Gym Class (NY)

September 25, 2009

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In <i>Paragas v. Comsewogue Union Free School District</i>, the infant plaintiff was injured when he accidentally collided with another student during gym class. Plaintiff brought an action against the school district for negligent supervision.
Stating that the school's standard of care to be exercised toward the student is that of a reasonably prudent parent, the Appellate Division found that the defendant provided adequate supervision. The children in the gym class were playing an age-appropriate game and the supervising teacher had several years of experience. Moreover, any alleged inadequacy in the supervision was not a proximate cause of the accident. The collision was accidental and more intense supervision would not have prevented it. Accordingly, the Appellate Division determined that the trial court properly granted defendant's motion for summary judgment dismissing the complaint.
Thanks to Stephanie Chen for her contribution.
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