Injury and Inclusion: Understanding Common Legal Concerns in Physical Education

Abstract

Physical education teachers are often focused on the many benefits of physical education to students, but there must also be a consideration of risk. How can the risks in physical education be minimized to maximize the benefits? One way to accomplish this goal is to increase physical educators' understanding of the legal risks related to instruction. Injuries occurring in physical education classes and related activities often are accidental, yet sometimes occur due to mistakes made by the instructor. In accidental situations, the threat of a lawsuit filed against the school and the instructor remains a possibility. Therefore, developing a plan that considers legal issues and minimizes injury risk is essential. This article highlights two legal concerns that physical education instructors should know and incorporate into their lesson plans: negligence/accidental injury and discrimination-based claims. A general overview of what is necessary for a successful defense is presented through related case examples so that physical education instructors can understand more about their individual liability and what can be done to minimize the risk of legal action against them.