By Doyice Cotten
This post is a little different from my usual post – not so much about the results of a waiver case as about provider responsibility. I hope this post impresses upon providers of sport, recreation, and fitness activities the idea that having a waiver might reduce the financial risk of the organization, but does not relieve the provider of the responsibility to make every effort to protect the participant against unnecessary risk of injury.
By Tom Bowler
Gymnastics can be a high risk activity in physical education. Some school districts have eliminated this curriculum area because of potential liability associated with it. I was retained in 2007 as the expert witness for the plaintiff child in a physical education class involving gymnastics.
Fact Pattern: The plaintiff was an eleven year old female enrolled in a mandatory fifth grade physical education class in a public school. The curriculum area was gymnastics,