Tag, You’re It – Too Dangerous for Children? (NY)

We live in a litigious era. One of the unfortunate side effects of this, however, has been restrictions on what supervised activities children may participate; many organizations now fear that any injury, no matter how slight, will result in protracted litigation. Luckily for New York children, the First Department has declined to extend such liability to one of childhood’s most dangerous games—tag.

In Chynna A. v. City of New York, infant-plaintiff, a seventh-grader, sustained a thumb injury after colliding with another student while playing tag during gym class. Defendants’ motion for summary judgment was denied by the trial court leading to an appeal.

The First Department unanimously reversed the trial court’s ruling and ordered that all claims against the remaining defendants be dismissed. The court described the collision as being “sudden and unexpected,” and concluded that no amount of supervision could have prevented the injury. Thus, the gym teacher’s supervision of the students playing tag was not a substantial cause of plaintiff’s injury

The First Department rejected plaintiff’s “speculative theories” that tag was too hazardous for plaintiff’s gym class. There was, the First Department continued, no evidence that the plaintiff was injured because of overcrowding in the gym, the gym’s small size, or because students were engaging in unruly behavior, unchecked by supervising teachers. Moreover, there had been no evidence of similar, prior injuries sustained by students in earlier games of tag, which was played regularly at the school.

This case serves as a reminder that, for now, New York courts will recognize and acknowledge that some injuries are inherent to childhood activities, and that, absent evidence of prior notice of injury or dangerous conditions, children may continue to be children.

Thanks to Peter Luccarelli for his contribution.

For more information, contact Denise Fontana Ricci at .