December 30th, 2011
Long, a student was injured during gym class. His family brought legal proceedings seeking monetary damages related to the injuries Long received. Supreme Court Justice Ute Wolff Lally sitting in the Supreme Court Part located in Nassau County, New York, found that a triable issue of fact existed and that the case would have to go to trial.
Gym Class Injury
Long was involved in a physical activity in gym class referred to as “islands.” During this activity, gym equipment was used and the students had to run around them. The School District claimed that this was a “cooperative game”. The purpose of the game is to teach students to work in a group. Long claimed the activity was a race.
In her decision, Judge Lally stated that sports activities were generally consented to by its participants. She also commented there are inherent risks in all sporting activities However, her opinion stated that even if the student consented to the activity, the school has an ongoing obligation to exercise reasonable care to see that students are protected from unassumed, concealed, and unreasonable risks. Judge Lally found it was a triable issue of fact as to whether the school district had properly discharged it’s duties to the students.
If you, a family member, or a loved one are injured as a result of a school activity, construction work, or a car accident the attorneys at the Law Office of Elliot Schlissel can assist you. For more than 30 years the law firm has represented individuals in personal injury matters. The firm also represents individuals involving slip and fall cases, premises liability, wrongful death matters, nursing home neglect cases, as well as all types of injuries related to car and truck accidents. Call for a free consultation at 1-800-344-6431, 516-561- 6645 or 718-350-2802. There will be no legal fee unless we collect damages for your injuries. Our phones are monitored 24 hours a day, seven days a week.