School wasn’t liable for injuries from student’s unsuccessful attempt to back flip from playground swing

March 9, 2016

  • 141E Education
  • 141EII Public Primary and Secondary Schools
  • 141EII(E) Pupils or Students
  • 141EII(E)8 Injuries to Pupils or Students
  • 141Ek800 Particular Injuries
  • 141Ek805 Sports, Athletics, and Recreation
  • 141Ek805(3) Playgrounds, gymnasiums, and physical education

03-09-16.jpgStudent’s sudden, unforeseeable, unsuccessful attempt to perform “back flip” dismount from moving playground swing while his teacher’s back was turned was sole proximate cause of his injuries, and thus school district could not be held liable for those injuries under negligence theory.

Ascher v. Scarsdale School Dist., 700 N.Y.S.2d 210 (N.Y.A.D. 2 Dept., 1999)