Dodgeball Nose Injury and School District Liability

School district liability for injuries to children has been a controversial topic for a many years. Bullying, fights, lax security—all of these topics have been used as grounds for lawsuits. In a recent suit filed in the New York Supreme Court, the Jamesville-DeWitt School District will attempt to avoid liability for injuries sustained during a gym class dodgeball game.

Game of Dodgeball Leads to Expensive Nose Injury

In January 2013, 5th Grader Yong Seong Cho suffered a broken nose and other facial injuries during a gym class dodgeball game. Cho was struck not by the titular ball, but by another student fleeing the field of play. The incident has reignited the debate surrounding dodgeball, and the game’s place in the 21st century schoolyard.

Cho himself was actively engaged in the match. The game, requiring students to dodge or catch rubber balls thrown at them lest they be declared “out” and relegated to the sidelines, demands focus, attention and more than a little bravery. While Cho’s attention was focused on the game at hand, an autistic student’s attention was focused everywhere but. The student, in fear of being struck by a ball, was running wildly through the gym and eventually ran full-bore into Cho, breaking his nose. Cho never saw him coming.

Doctors were unable to set Cho’s nose at the time he sought treatment, telling his parents that surgery would be necessary and should be delayed until Cho turned 18, for fear of developmental complications. Medical bills are expected to exceed $30,000. Cho’s parents are asking the New York Supreme Court for $300,000 in damages.

School District Liability for Injuries on School Grounds

School district liability for injured children is an ongoing debate. Often insulated by some degree of sovereign immunity, school district liability for injured children is an evolving legal issue. Cho’s parents, per state law, initially filed a claim with the district. Pursuant to that claim, the district reimbursed some—but not all—of Cho’s medical bills. Unhappy with the result of the claim—and the continued presence of dodgeball in the Jamesville-DeWitt School District—the Cho’s filed suit to seek further damages.

Lawsuits stemming from dodgeball incidents are not new. School district liability for injuries to children playing dodgeball has been called into question throughout the country. Districts have wrestled with whether dodgeball is an “appropriate” gym class activity, or whether it is a thinly-veiled form of sanctioned bullying. Similar cases have been successfully filed in California, New Hampshire as well as other areas of New York. Many districts have banned dodgeball and other “human target” games from the school setting.

School liability for injured children, arising from a game of dodgeball or not, will continue to be a flashpoint in the legal system. Changing views on the nature of physical fitness, bullying and a heightened perception of potential liability have irrevocably changed how school districts operate.

Case Studies: School District Liability for Dodgeball Injuries

Case Study 1: Comprehensive Liability Coverage and Dodgeball Injuries

The Jamesville-DeWitt School District had comprehensive liability insurance coverage in place when 5th grader Yong Seong Cho suffered a broken nose during a gym class dodgeball game. The insurance policy provided coverage for bodily injuries sustained by students during school activities.

As a result, the district’s insurance company agreed to cover a portion of Cho’s medical bills, helping alleviate the financial burden on the school district and Cho’s family.

Case Study 2: Insurance Policy Exclusions and Limited Coverage

In another instance, a school district faced a lawsuit after a student was injured during a physical education class, which involved a game of tag. The school district had general liability insurance; however, the insurance policy contained exclusions for injuries sustained during “high-risk activities.”

Since tag was considered a high-risk activity according to the insurance policy, the district’s insurance coverage did not apply to the student’s injuries. As a result, the school district had to bear the financial responsibility of the lawsuit without the support of insurance coverage.

Case Study 3: Increased Premiums and Risk Management Strategies

Following multiple lawsuits related to injuries sustained during physical education activities, a school district experienced significant increases in their insurance premiums. To address this financial burden and mitigate future risks, the district implemented various risk management strategies.

They revised their physical education curriculum to focus on non-contact sports, eliminated high-risk activities like dodgeball, and provided additional training to teachers on safety protocols.

By demonstrating proactive measures to reduce the likelihood of injuries, the district was able to negotiate lower insurance premiums, thereby relieving some financial strain.