Teacher's roles and involvement in games
Age: Secondary
Activity: Rugby

15 Y.O. Boy got injured

Boy got tackled

P.E. teacher

Became temporarily unconscious

Teacher was found negligent

Negligent

• Legal duty
• Standard of care
• Loss or injury

Vicarious liability

• Employee committed a tort.
• Employee and employer relationship
• Within the course of employment

ACCORDING TO JUDGE HODGSON

• The game was exciting, the teacher who is experienced in rugby forgot that he was playing with young school boys.

ACCORDING TO JUDGE HODGSON

• The teacher should not support either one side because he is much more experienced than them.

Issues to consider

• It is acceptable that skills can be demonstrated through game plays.

ISSUES TO CONSIDER

• Physical contact is a high risk activity and it is foreseeable.
• The teacher is negligent for tackling the pupil.

ISSUES TO CONSIDER

• Most adults are faster, fitter, more experienced, and often heavier.
• So, the wisdom of staff versus pupils should be carefully reflected.

Conclusion

• Adults can play with pupils in a sport but not to an extent that will cause injury when physical contact is involved.