TALLAHASSEE, Fla. (Legal Newsline) – A Florida school might have to pay up for forcing second-graders to run laps in an auditorium and the resulting injury that occurred when a young girl ran face-first into the glass edge of a table.
The First District Court of Appeal’s Jan. 11 decision reverses judgment for Gateway Academy of Walton County, which has been sued by Sophia Collias through her parents.
The table was not an “open and obvious” hazard, and a fact-finder could find Gateway was negligent in placing it where it did, says the ruling from Judge Scott Makar.
“Telling seven-year-olds to look forward and avoid distractions when running with classmates on a makeshift running course fails to account for the higher duty of care and is insufficient to avoid liability under these circumstances,” Makar wrote.
“That’s true even if the seven-year-old was aware of the pedestal table. It is a factor for the jury to consider, but it doesn’t absolve the school.”
The table had a glass edge “at mouth level” and was placed near the running course. On her third lap, Collias became distracted and struck the edge, causing the loss of permanent teeth and long-term injuries.
Though the trial court in Walton County decided the table was an open and obvious hazard that Collias should have avoided, the appeals court noted the second-graders were required to run around the table.
It said the school could be found liable for failing to recognize the foreseeability of a second-grader becoming distracted while running in a confined area with 20 classmates.