Thursday, November 6, 2008

Playground Supervision: Failure to Witness Injury



Reasonable care does not require constant and undeviating scrutiny of a particular child on a supervised playground. Accordingly, a playground supervisor is not necessarily negligent if he or she fails to observe a particular child at the precise moment an injury occurs. However, a common refrain in lawsuits is that the supervisor’s failure to observe a child at the time of injury constitutes a negligent act and therefore the supervision is inadequate.

We review a case in which a child age 7, was running and bumped heads in a collision with a 6-year-old during morning recess. The school district won the case, then lost the case on appeal and finally prevailed in a playground injury case that reached the State Supreme Count.

More on the Peaceful Playgrounds Article on Playground Supervision.