Playtime Is Over – Schools Liability For Injury At Play

A number of schools have implemented a ban on students running in the playground because they are fearful of accidents and the possible litigation which will arise. Teaching unions have stated that this limitation on physical activity was in response to the increasing number of claims against schools in recent years and the only way that schools can reduce claims is by restricting activities.

What is the duty of care which falls on our educators? How can schools protect themselves? Are the restrictions on play justified? What approach are our courts taking?

Recent Case law

The general guiding principle is as set out in Maher v. Board of Management Presentation Junior School [2004] IEHC 337. In that case, Peart J. held that the standard of care required in school is that of the prudent parent. Teachers are said to be in loco parentis and be no more or no less vigilant than a prudent parent would be within his or her own home. In Maher, the court held that simply