School PDHPE & Sport Liability
Mattock v State of New South Wales (New South Wales Department of Education) [2021] NSWSC 1045:
Background:
- Plaintiff: Daniel Francis Mattock.
- Defendant: State of New South Wales (New South Wales Department of Education).
- Incident: On 29 June 2012, the plaintiff, a 15-year-old Year 9 student at Eden Marine High School, sustained a head injury while playing touch football during a PE class.
- Claim: The plaintiff sought damages for personal injury, alleging negligence on the part of the school in the manner the game was conducted, the supervision provided, and the handling of the injury.
Facts:
- The plaintiff collided with another student, Callan Sinclair, while attempting to catch a high ball during the game.
- He had a history of playing rugby league, including competitive high-ball situations, indicating experience in similar activities.
- The game was supervised by a PE teacher who acted as the referee and controlled the game.
Issues:
1. Was the school negligent in the manner the touch football game was conducted and supervised?
2. Did the school fail to properly monitor and supervise the plaintiff after the injury occurred?
Decision:
- Judgment: For the defendant (State of New South Wales).
- Reasoning:
- The court found that the game was properly supervised by the PE teacher, and the manner in which it was conducted did not constitute negligence.
- The plaintiff's own evidence and experience in playing competitive sports were taken into account. He had played rugby league, including positions requiring him to catch high balls, indicating he was familiar with such situations.
- The court also considered the social utility of allowing children to participate in physical activities to develop fitness and sports skills.
- There were no special circumstances indicating that the school's actions were negligent.
- The supervision provided during the game was deemed appropriate, and the game itself was controlled and conducted properly.
- Costs were awarded to the defendant.
Key Points:
- The plaintiff's history and experience in playing competitive sports were significant in determining the standard of care owed.
- The court emphasized the importance of physical education and the benefits of sports participation for students.
- The supervision and control of the game were found to be adequate, and there was no breach of duty by the school.
This case highlights the challenges in proving negligence in school sports activities, particularly when the activities are properly supervised and controlled. The court's decision underscores the importance of considering the overall benefits of physical education and the experience of the participants in such cases.
Call Wilding & Co Lawyers if you require advice in relation to school activities in PDHPE, Sport, Art, Science, Technology or excursions.
Court Decision Mattock v State of New South Wales
Personal Injury Claim
Negligence in School Sports
Eden Marine High School Injury
Touch Football Injury Case
PE Class Supervision
New South Wales Supreme Court Decision
School Sports Injury Lawsuit
Student Head Injury Lawsuit
NSW Department of Education Lawsuit
Legal Standard of Care in Schools
Duty of care in schools
Supervision in School Sports
School Liability in Sports Injuries
Physical Education Negligence