Gym class is not without its risks. In Binani v City of New York, a student was injured during a wiffle ball game held during gym class at school. As he ran towards first base in between innings, he was struck by a bat swung by a fellow classmate taking a practice swing. The child and his father sued the New York City Department of Education alleging negligent supervision.
In affirming summary judgment, the 2nd Department explained that schools are not insurers of safety “for they cannot reasonably be expected to continuously supervise and control all movements and activities of students.” Accordingly, the Court held that, in order to impose liability based on inadequate supervision, the plaintiff’s injuries must have been foreseeable and proximately related to the absence of adequate supervision. In the instant matter, the Court found that the school properly supervised the plaintiff and that the accident was caused by a spontaneous and unforeseen act which could not have been prevented by any reasonable degree of supervision.
Thanks to Georgia Coats for her contribution.
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