Judgment: 2006-07-06 · Court archive

High Court dismisses pupil’s claim over school dodgeball injury

The court found the game was reasonably safe and the pupil’s fall was a risk of physical activity. It found no negligence by the school’s board of management.

High Court, Dublin · [2006] IEHC 416

Who, what, where, when and why

Who
  • The Board of Management of St. Ciaran's National School (Defendant)
  • Mr. Justice Feeney
  • Ms. Judith Wooton
  • Dr. Joseph Lennon
What

The court found the game was reasonably safe and the pupil’s fall was a risk of physical activity. It found no negligence by the school’s board of management.

Where

Places mentioned in the report

  • St. Ciaran's National School
When

Judgment:

Other dates in the report
  • 13 May 1997

    The judgment, delivered by Mr. Justice Feeney on 6 July 2006, concerned an accident on 13 May 1997. The pupil, then nearly 13 and in sixth class, fell while dodging balls thrown by three classmates. She fractured both bones in her left forearm, underwent surgery to fix the fractures and later had a metal plate removed. The judgment says she was left with two extensive scars.

Why

Reasons reported in the judgment

The High Court dismissed a pupil’s personal injury claim against the board of management of St. Ciaran’s National School, finding no negligence in the school’s use of a dodgeball game during a physical education class.

The High Court dismissed a pupil’s personal injury claim against the board of management of St. Ciaran’s National School, finding no negligence in the school’s use of a dodgeball game during a physical education class.

The judgment, delivered by Mr. Justice Feeney on 6 July 2006, concerned an accident on 13 May 1997. The pupil, then nearly 13 and in sixth class, fell while dodging balls thrown by three classmates. She fractured both bones in her left forearm, underwent surgery to fix the fractures and later had a metal plate removed. The judgment says she was left with two extensive scars.

The accident itself was not disputed. The court accepted that the pupil avoided one ball, then ducked or weaved to avoid another. She stopped and tripped over her own legs as she started moving again.

The pupil’s case challenged the game’s format. Her physical education expert, Ms. Judith Wooton, argued that the pupils throwing the balls stood sideways to the direction the runner travelled. The court heard that dividing attention between running forward and watching for balls could increase the risk of losing balance. The school’s expert, Dr. Joseph Lennon, considered the game simple and safe for pupils of that age.

The court preferred the school expert’s evidence, describing it as credible, practical and compelling in support of the school’s position. It rejected the claim that the game was inherently dangerous, and said the fall was a type of accident that can happen during physical activity.

The judgment also addressed disputes about whether the pupil had played the game before and whether it was used as a warm-up. The court considered it likely she had played it on other occasions, but said this was not significant because she would have understood the game’s basic rules. It preferred the teacher’s evidence that pupils had completed an independent warm-up and that the accident happened near the end of the class. The court said neither issue affected its conclusion about the accident.

The court found no issue with the premises, floor surface or supervision. It concluded that the activity was reasonably safe and properly chosen for the PE class. It dismissed the claim, finding no negligence or lack of care by the board.

Read the original court judgment

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