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L I B R A R Y
Michigan State
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A SURVEv OF LIABILITY TWOWRANCE

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FOR PHTSICAL EDUCAT““§ WITHlN

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Peter J. Graham, Jr.

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APPROVED:

 

 

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by Iheter J} (Braham1.57h.

Statement of Problem

 

To determine the trends which are wurrehtiy oevslop-

inr witUin the er

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Conclusions

 

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Peter J. Graham, Jr.

Few states have, at present, a ”save harmless”
clause and very few anticipate the addition of
such a clause to their State Educational Laws in
the near future.

Most of the recorded liability suits have been
judged in favor of the physical educator.

The average financial award received by the plain-
tiff, in the recorded cases, was $187,800.

Most states in which previous liability suits have
been initiated, find that the number and fre-
quency of suits is increasing.

Many state agencies keep no records as to liabili-
ty suits, verdicts, or awards.

The agencies which do keep records, for the most

part, keep imcomplete, inadequate records.

A SURVERY or LIABILITY INSURANCE
FOR PHYSICAL EDUCATORS WITHIN

THE UNITED STATES

By

Peter J. Graham, Jr.

A THESIS

Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of

MASTER OF'ARTS
College of Education

Department of Health, Physical Education, and Recreation

1965

1.. 31,. L '1'

ACKNOWLEDGMENT

Grateful appreciation is extended to Dr. Gale Mikles
under whose helpful guidance and assistance this study
was undertaken. The writer is also grateful for the assist-
ance given him by Dr. Wayne Van Huss, Mr. Charles E.
Forsythe, and to all the state agencies which participated

in the study.

DEDICATION

This thesis is respectfully dedicated
to my Parents

‘U ’1 "NT-I. t") 77' 7‘” I“ r“ :1 r“.""‘)
I'll S o l'I'Q‘aI J’ 5'1 0 C111“ i'li o

TABLES OF CONTENTS

CHAPTER PAGE
I. INTRODUCTION TO THE PROBLEM. . . . . . . . . . l
The Problem . . . . . . . . . . . . . . . . 1
Statement of the problem . . . . . . . . . 1

Importance of the study.

Limitations of the study . . . . . . . . 2
Definitions of Terms Used. 3
Purpose and Need . . . . . . . . . . . . . . A

Purpose of the study . . . . . . . . . . . A
Need for the study

II. REVIEW OF THE LITERATURE . . . . . . . . .

C004:

III. METHODOLOGY. . . . . . . . . . . . . . . .
IV. ANALYSIS AND PRESENTATION OF DATA. . . . . . . 10
V. SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS. . . .31
Summary. . . . . . . . . . . . . . . . . . . 3;
Conclusions. . . . . . . . . . . . . . . . . 31
Recommendations. . . . . . . . . . . . . . . 5;
BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . 34

(”LPPEI‘J IX 0 o o o o o o o o o o o o o o o o o n o o o 36

LIST OF TABLES

TABLE PAGE

I. The Tabulation of Agencies Participating

in the Study. . . . . . . . . . . . . . . . . 11
II. The Tabulation of Answers to Question

Number One, How Many of the Individuals

Involved in Physical Education Within

Your State are Protected by Liability

Insurance Policies? . . . . . . . . . . . . . 12

III. The Tabulation of Answers to Question

Number Two, Who Purchases the Liability

Policy? .. . . . . .. . . . .. . . . . .. 15
IV. The Tabulation of Answers to Question

Number Three, What is the AVERAGE Amount

of Coverage Which Each Policy Holder

Purchases?. . . . . . . . . . . . . . . . . . 17
V. The Tabulation of Answers to Question

Number Four A, Does your State Have a

”Save Harmless” Clause Within the State

Educational Laws? . . . . . . . . . . . . . . 19
VI. The Tabulation of Answers to Question

Number Four B, If the Answer is NO, Do You

Anticipate the Inclusion of Such a Clause

Within the Next Ten (IO) Years? . . . . . . . 22

PAGE
VII. The Tabulation of Answers to Question
Number Five, How Many Liability Suits,
Directly Pertaining to Physical Education,
Have Been Initiated Within Your State in
the Past Five (5) Years?. . . . . . . . . . . 2A
VIII. The Tabulation of Answers to Question
Number Six, Has There Been An Annual
Increase in the Number of Suits Within
the Past Five (5) Years?. . . . . . . . . . . 26
IX. The Tabulation of Answers to Question
Number Seven, How Many of These Suits
Have Been Decided Against the Physical
Educator Within the Past Five (5) Years?. . . 29
X. The Tabulation of Answers to Question
Number Eight, What Was the Average
Financial Award to the Injured Party

(Refering to Question Seven). . . . . . . . . 30

CHAPTER I
INTRODUCTION

Each and every day, physical education teachers, due
to the nature of their work, are faced with the possibility
of accidents happing within their classes. Eventually,
these accidents may lead to a liability suit initiated by
the injured party.

There have been many published articles pertaining to
the need for safety within physical education classes and
the conditions under which a physical eduction teacher may
.be hald liable for these accidents. I am sure that most,
if not all physical education teachers, have read one or
more of these articles. However, I have not been able to
find any publications which deal directly with the topic
of liability suits and liability insurance coverage for

teachers within the field of physical education.
I. THE PROBLEM

Statement of Problem

 

The problem of concern here is that of liability
insurance coverage and the physical education teacher

within the United States.

’1The specific problem is to attempt to discover the
trends which are currently developing within this area of
liability insurance coverage.‘ It is hoped to be able to
determine the following: [the percentage of physical edu—
cators who are covered by liability insurance policies;
{the average amount of coverage which each individual pos—
sessesgéthe number of states which have a "save harmless"
clause within their state educational lawsgithe states
which anticipate the inclusion of such a clause within the
next ten (10) years; the number of liability suits in—
itiated within the past five (5) yearsgpthe annual increase
of these suits,?the number of verdicts against the physical

education teacher, and finally, the average financial

settlement awarded to the plaintiff.

Importance of the Study

 

Physical education teachers are working csnsfantly
under the potential threat of liability units. It is

believed that a study of this nature and the resultant

findings will help teachers and their employers ta become
better acquainted with the problem of liabitlity, the need
for liability insureance, and the subsequent measures which

must be employed to protect teachers.

Limitations of the Study

 

l. The number of agencies which may possess the

desired information are limited.

2. Many of the agencies from which information
is sought might not have the requested infor-
mation.

3. In requesting information from these agencies,
there is no way in which to check the accuracy

or completeness of their records.
II. DEFINITIONS OF TERMS USED

Tort. Any wrongful act (not involving a breech of
contract) for which civil action will lie.

Liability. An obligation of payment. The condition

 

of affairs which gives rise to an obligation to do a
particular thing to be enforced by court action.

Teacher liability. The legal responsibility of

 

teachers in case of bodily injury to pupils under the
following conditions: (1) corporal punishment by teachers;
(2) alleged negligence of teachers.

Physical education teacher. Any individual under

 

contract by a school system for the specific purpose of
teaching physical education classes, coaching athletics,
or both.

Negligence. (l) The omission of something which a

 

, reasonable man, guided by those ordinary considerations
which usually regulate human affairs, would do; or the
doing of something which a prudent and reasonable man

would not do. (2) The violation of an absolute duty, or

the failure to take into consideration the interests of
others thus resulting in injury.

Plaintiff. The*inhured individual who initiates the

 

liability suit.

1

1’Save harmless.’ The reverting of the payment of

 

plaintiff awards from the teacher to the employing school
district, so long as the injury occured while the teacher

was performing the duties for which he was employed. .
III. PUR OSE AND NEED

Purpose of the Study

 

The purpose of this study is to make availabe to all
physical education teachers a guide—line to be used when
determining the need for a liability insurance policy and
the amount of coverage for which the policy should provide.
Also, to attempt to determine the trends and developments

within this area.

Need for the Study

 

There is a need for a study of this nature simply
because little, if anything, has been written or compiled
which deals directly with this pr posed study. In view of
the fact that physical education teachers are faced with
the possibility of being involved with a liability suit
each day, it is felt that these teachers should be provided
with information pertaining to the recent developments in

this area.

\f]

There have been many articles published which relate
to the prevention of accidents and the subsequent legal
suits, yet, the teacher has not been given a guide—line
to follow when in the process of protecting himself against
the possibility of being required to personally pay an
award given to the injured party.

The author feels that this study will help fill this

Sapparent void.

CHA TER II
REVIEW OF THE LITERATURE

The related literature concerning physical educators
and liability insurance is aimed basically at safety,
health, and the liability of teachers for accidents, rather
than the actual facts and figures pertaining to liability
suits, awards, and insurance coverage.

Brownl states that the number of accidents at hom

(D

and at school are about equal. He further reports that
boys are twice as susceptable to accidents as are girls.
Also, that accidents are more frequent in areas thanlare
Igcongested and which have little play space available.
Doscher and Walke2 report that in the past schools
were not held liable for accidents resulting out of negli—
gence, but that this precedent was undergoing a rapid
metamorphosis. Presently, most courts hold teachers and
schools liable. The authors point out that, in their

opinion, this trend results in forcing physical education

 

 

l . T . -.

H. E. Brown, "Safety in Elementary and Junior High
Schools of New York City,” Research Quarterly (May 1940),
pp- 80- 5-

2N. Doscher and N. Walke, ”The Status of School Lia—
bility for School Physical Education Accidents and Its
Relationshi to the Health Program,” .esearch Quarterly
(March 1942 , pp. 280—294.

 

to apply principles of safety to all its teachings or
face the danger of elimination, wholly or in part from

the health program.

CHAPTER III

METHODOLOGY

To obtain the necessary information, one hundred
(100) agencies were requested to complete a questionnaire.
Two (2) agencies in each of the fifty (SO) states were
contacted in an effort to gain the desired information.
In each of the states, the agencies involved were the ‘
State Department of Education and the State Athletic
Association.

These particular agencies were selected because it
was felt that they would be in a position to supply the
necessary information due to their close relationship to
the topic.

The necessary data were obtained by the tabulating
of the answers indicated on the returned questionnaires.
Due to the inaccurate records kept by many agencies, the
following procedures were employed in the tabulation of

the answers:

1

Questions 1, 3, E, 6, 7, and o.
In the event that the answers received from the
two (2) states agencies differed, the higher
figure was recorded. However, i: the case where
one agency did not submit an answer, then that

submitted by the second agency was recorded.

Questions 2, AA, and AB.

In the event that the answeres received from the two

(2) state agencies differed, the answer indicated by

the State Department of Education was accepted

and recorded due to the fact that they were in the

best position to answer these questions. However,

if the State Athletic Association produced the only

response to the question, then their answer was

recorded.

The questionnaire was mailed to all the one hundred
(100) agencies which were used in the sample. Included
with the questionnaire was a letter of introduction and a
self-addressed, stamped, return envelope. (A sample of
the questionnaire and the letter of introduction may be
found in the appendix.)

If the questionnaire had not been returned after
three (3) weeks from the original mailing, a follow up

letter along with a second questionnaire was sent out.

CHAPTER IV
ANALYSIS AND PTESEHTATION CE DATA

This study was undertaken in an effort to determine
the trends developing in the area of liability insurance
and the physical education teacher. All of the one hundred
(100) agencies in the sample were mailed a questionnaire
and requested to complete and return it to the author.

Ninety—six (96) of the one hundred (100) question—
naires were returned. There was at least one quegilxjgs‘;e
returned from each of the fifty states. Therefore, each
of the fifty states were represented in the final tabu—
lations due to the recording procedures established.

Table I represents the one hundred agencies requested
to participate in the study and indicates those agencies
which responded.

Table II represents the tabulation of ans ers to
question number one (1), How many of the individuals in—
volved in physical education within your state are protect—

"F

ed by liability insurance policiest Only eight states

indicated that 100% of their physical education teachers
were protected by liability insurance. Nine states

replied that 75% or more were protected; three reported

that 50% or more had coverage; one indicated that less than

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that the extent of coverage was unknown.

Table III represents the tabulation of answers to
question number two (2), Who purchases the liability policy?
Twenty-seven states reported that the individual teacher
purchased the policy. In eleven states the school district
purchased the policy. Three states reported that they,
the state, purchased the policy for their teachers, whereas
nine states reported that they had no available information
as to who purchased the liability policies.

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coverage which each policy holder purchases? In reply
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had no available information.

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A (4A), Does your state have a ”save harmless” clause within
the State Educational Laws? Seven states replied that they
did have such a clause. However, thirty—four states indi-
cated that they did not have such a clause and nine states

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five (5) yearS? Of the fifty states involved, six
answered YES, twenty—nine replied NO, and fifteen states
indicated that there was no available information.

Table IX represents the tabulation of answers to
question number seven (7), How many of these suits have been
decided against the physical educator within the past five
(5) years? Of the thirty—four cases reported, only four of
these cases were judged in favor of the plaintiff. The
one case reported by Arizona was still unsettled. Those
states in which the plaintiff received the vendict were
Minnesota, New Jersey, and Oregon.

Table X represents the replies to question number
eight (8), What was the average financial award to the
injured party (refering to question number [7] )? Minnesota
reported one case in which the physical educator was held

liable for payment. In this instance the award was

$150,000. However, in New Jersey, two cases resulted in the
physical educator being held liable with the average award

- _ _ '_ *- oo o o a, -,-a~ .. w r a: . a r. a ° W “L 4 n
being set at t3o0,000. ihe fourtn and linal case in which

a physical educatol was held liable is i

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state of Oregon. In this suit, the award was only $1,200.
The average award of these four cases amounts to the sum

.4.» Q Q.»
Of $107.000.

IX

 

 

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This study was undertaken for the purpose of
mining the developing trends in th area of liability
insurance coverage and liability suits a; they pertain to

the physical education teacher.

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trout: of Einrxttion and

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the state Athletlb'mfiouilktjw“: xere zileu a QOEbothN¢lI€

thflh they were reuuesteu to complete and return to the

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least one Questionnaire was returned from each state.

 

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such a clause to their State Educational Laws in

the near 1"‘uture.

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policy to be paid for by the school or school
district.
Physical educators, and all other teachers, should

"save harmless"

work towards the inclusion of a
clause within their State Educational Laws, if
one is not already incorporated within the Laws.
Physical educators, and all teachers, should
demand that the various state agencies keep
complete and accurate records pertaining to lia-

bility insurance coverage, liability suits,

verdicts, and awards.

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lRAPHY

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BIBLIOGRAPHY

Brown, H. E” "Safety in Elementary and Junior High Schools
of New York City," Research Quarterly (May, 1940),
pp. 80-85.

 

Doscher, N. and N. Walke, "The Status of School Liability
for School Physical Education Accidents and Its
Relationship to the Health Program,” Beggarch
Quarterly (March, lQUE), pp. 260—29H.

 

 

AP P EN 33 I X

LIABILITY INSURANCE QUESTIONNAIRE

Please answer the following questions with as much
accuracy as possible.

1. How many of the individuals involved in physical
education withir your stage are protected by liability
insurance policies?

100%

75% or more

50% or more

Unknown

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Who purchase? ‘he liability policy

3 . VJ 1" :4JT 1‘ C ‘L 0" t.— J‘T” 1—2 .. ; x.) i ‘ \ i \1 CI J L3 v 1' : Ky 1" 9 4-!
. 4,. .. ,.. . u
policy hol.ei put anhe-m
_ ‘ ‘\ I in [\‘l ‘
$ico,ccc o- Wale
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"v 1 N ‘ I I 'H‘
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’ m x r‘ - . r H — ‘* 1' f *
4. toe: your .tite ha/e . ,, e t.‘ is - cl}1 e
V . $ ( _ ' ~ a 4' ‘. r 1 T . 0
within the Stite lsucttioh.i i,h,.
Ye:

If the answer is NO, do you anticipate the
inclusion of such a clause within the next ten (10) years?

Yes
No
5. How many liability suits, directly pertaining to

physical education, have been initiated within your stat
in the past five (5) years?

(D

 

6. Has there been an annual increase in the number
of suits within the pas five (5) years?

Yes
No

7. How many of these suits have decided asainst
:1. ,., , q

the physicaly educator within the past five (5) yes*

T’s:

 

8. What was the average financial award to the
injured party (refering to question 7)?

 

Thank you for your cooperation. Would you wirdly
return this questionnaire using the enclosed, stanced,

return envelope.
Peter J. Graham
207 1/2 S. Eiaht Avenue

LIT—311’} E" .1. 1,1 g ) ill]. ‘ I A” .

207 1/2 S. Eight Avenue
Lansing, Michigan
March 4, 1965

Dear Sir:

I am requesting your assistance for information which will
enable me to complete my research work towards the writing
of my Master‘s Degree Thesis.

,1

I am a graduate student at Michigan State University and my
topic concerns liability insurance and the physical
cation teacher.

I
.n.

I am conducting my study on a nation-wide basis, hoping

to discover the trends which are developing in this area.
In my final analysis, I hope to be able to set forth

guide lines for physical educators to follow in regards to
physical education and liability insurance coverage.

I would appreciate any information which you might render
pertaining to the subject. Enclosed is a shcrt_question-
naire and a pre—addressed, stamped envelope.

I will be grateful for your cooperation in this matter and
look forward to receiving the completed questionnaire as
soon as possible, as time is of the essence.

(I)

incerely,

Peter J. Graham

PJGzcmw

HICHIGRN STATE UNIV.

lllHl llllllll II" III!
9 8

312 30110

LIBRRRIES

7263