Student hurt in locker room can proceed to trial

On Board Online • Legal Agenda • February 2, 2009

By Kimberly A. Fanniff
Associate Counsel

A student who required emergency surgery to remove his spleen after he was pushed by another student in an unsupervised locker room may proceed to trial against the school district.

Generally, a school district has a duty to supervise the students in its care as would a reasonable prudent parent under similar circumstances, and will be liable for foreseeable injuries which are caused by inadequate supervision. Liability for injuries caused by the intentional acts of another student is even more narrow. It can occur only if the school had notice or prior specific knowledge of the aggressor student’s propensity to engage in such conduct.

In Flanagan v. Canton Central School District, a fifth-grade student hit his head and abdomen on a locker and bench after a classmate pushed him from behind in the boy’s locker room after gym class. As a result of his injuries he required an emergency splenectomy.

A state Supreme Court dismissed the parent’s complaint, ruling in favor of the district. The Appellate Division, Third Department, disagreed, however. According to the Third Department, the gym teacher had indicated that on the day of the accident the students were getting out of control and not listening to directions. The teacher acknowledged that when students behave in such a manner a teacher would have greater concern to supervise their behavior, including time spent in the locker room. However, the teacher did not proceed immediately into the locker room but stayed in the gym to talk with another student for approximately three minutes. Flanagan was injured during that interval.

According to the Third Depart-ment, questions of fact existed as to whether the school district could have reasonably anticipated the pushing incident and whether the lack of supervision was a substantial factor in bringing about the injury which necessitated overturning the dismissal. This case illustrates the importance of ensuring adequate supervision in locker rooms.