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ARTICLE · 22 SEPTEMBER 2017

No Playing Around: Tort Liability And School Yard Injuries

Recently, the public learned of a lawsuit against two children regarding a schoolyard incident in 2015.

CanadaLitigation, Mediation & Arbitration

Introduction

Recently, the public learned of a lawsuit against two children regarding a schoolyard incident in 2015. With school back in session, what does this current state of affairs mean for students, school boards – and even parents moving forward? Furthermore, what should insurers be thinking about as children fill the halls and playgrounds for another year?

A Push, a Shove, and a Plaintiff

In 2015, two 10 year–old students at a Toronto Catholic school were outside for recess. The pair decided to play a "game" with another student, where one of them pushed the student and the other kneeled behind him to trip him. The third student claimed he did not want to be pushed, but that his classmates ignored him. The parents of the two 10 year–olds insist their children did not intend to cause any harm. However, the third student suffered a broken arm in the incident.1

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