An analysis and comparison of court holdings dealing with tort liability for injuries sustained in public school and higher education programs of physical education, athletics and intramural sports from 1977-1987

Physical education programs, athletic programs and intramural sports programs are a vital part of the American educational system. However, since the mid-sixties, there has been an increase in sports injury litigation against the teachers and coaches who direct and supervise these programs.

The purpose of this study was twofold. First, the study was to report the legal liability of elementary, secondary and higher education physical educators, athletic coaches and intramural sports directors from 1977-1987. In addition this study compared the holdings of the court cases from 1977-1987 to the holdings of the court cases found in five unpublished manuscripts.

From 1977 to 1987 there were 92 elementary and secondary lawsuits and 19 college lawsuits involving these professionals, including their supervisors. There were 41 cases involving liability against the boards of education and boards of trustees. The groups were found not liable in 23 of the cases. The primary reason for not being liable was their protection from suit because of the doctrine of governmental immunity. However, in states where the doctrine of governmental immunity did not exist boards of education and boards of trustees were found liable for improper supervision, lack of proper medical assistance and creating a dangerous situation or hazard.

Sixteen cases were reported against school employees. In 10 of the cases the court rulings were held against these employees. The reasons included: improper supervision, failure to follow state athletic association rules and improper instruction. Cases held in favor of the school employees resulted when: employees were acting within the scope of their employment, the employees were providing adequate supervision and instruction and the students purposely disregarded safety rules.

The results of this study, when compared to five previous studies, indicated that even though the number of cases reported were similar the present study showed an increase in the number of decisions favoring the plaintiff at the elementary and secondary level. Also, the present study revealed an increase of 250% in the number of lawsuits reported at the college level and a 23% increase in the number of cases favoring the plaintiff.