Physical education classes in elementary, junior high, and high schools provide beneficial exercise and health benefits for our school-aged children. Unfortunately, each year, tens of thousands of students suffer severe injuries due to accidents which take place during physical education classes. According to a recent study, emergency room visits by kids who suffer injuries in P.E. classes have increased by more than 150% since the 1990’s. Many of these injuries could have been avoided if not for the failure of schools to abide by the duty of care they owe to their students. In such cases victims and their guardians have a right to seek compensation for all injuries and damages sustained. Our top-rated law firm, Normandie Law Firm, has a distinguished record of assisting individuals who have suffered egregious harm due to the negligent or intentional actions of others. If you have any further questions after reading this article, feel free to contact our law offices. All consultations are provided free of charge by one of our top attorneys with experience in physical education injury cases
Common Causes of Accidents and Injuries in Gym Class or Physica
l Education: Some of the more numerous causes include the following:
• Negligent supervision during sporting activity or exercises.
• Unsafe gym equipment: improper workout facility or weight equipment.
• Failure to properly inspect for hazardous conditions.
• Failure to provide proper instructions before the commencement of physical activity.
• Playing specific sports not suited for the field; for example, playing flag football on a concrete surface instead of a grass field.
Can a School Be Sued – Proving Your Case in the Court of Law
The vast majority of personal injury claims are predicated on a negligence-based cause of action. There are four principles which need to be proven in order to establish a basis of a negligence bases lawsuit. Proving these points can be difficult if you are by yourself; as a result, you should seek the assistance of an expert lawyer experienced in physical education injury cases.
(1) Was there a duty of care by the school to the student?
(2) Was the duty of care breach (violated) in some way?
(3) Did the violation of the duty of care result in the harm that took place? In other words, was the violation the cause of the injury?
(4) Did the student suffer from actual and identifiable injuries?
Common Injuries
Some of the most common injuries which can take place during school exercise courses include the following:
- Broken bones in the arms, legs, and wrists.
- Concussions and other types of traumatic brain damage.
- Facial injuries, including broken nose and lacerations.
- Puncture wounds from nails or other sharp objects on the field or other sports facility.
- Amputations of body parts, such as noses, fingers, toes.
- Emotional injuries including PTSD suffered by the student.
If your child has suffered any of these injuries, contact an accomplished attorney who has experience in physical education injury claims.
Recovery Available For Victims of School Injuries
Minors who suffer harm due to an accident that takes place on school campuses are eligible to receive compensation for all damages sustained. Specific damages compensable in a personal injury lawsuit include the following.
1. All medical and health-related costs.
2. Cost of future medical and rehabilitation care.
3. Economic damages including loss of future income capacity due to long-term or permanent disability.
4. Non-economic damages including pain and suffering, emotional distress and punitive damages.
5. Note: Punitive damages can be awarded in instances where the at-fault party acted either with the intent to cause harm or acted with reckless indifference for the safety of others. These damages are very difficult to acquire, however, and only a skilled attorney with expertise in physical education injury lawsuits can net them for your settlement.
Contacting an Attorney and Cost of Legal Representation: Many individuals are hesitant to contact an attorney or seek legal representation because of the perceived costs associated with legal representation. Our qualified law firm takes on personal injury cases on a contingency basis – no win zero fee guarantee. This means that our clients do not have to pay a single dime out of pocket. Our fees will be allocated once there is a successful resolution of your case. Let an experienced attorney who has experience handling physical education injury claims explain more.
Free Legal Consultation Available: If your child has suffered injuries during PE class while attending a public school and you have any legal questions, feel free to contact our law offices. All legal consultations are provided by our experienced lawyers free of charge.
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