A Comparative Study of K-12 and Higher Education Sport-Related Negligence Litigation

Abstract

The liability assigned to K-12 school districts and colleges and universities for the safety of student-athletes were compared. The various elements of torts as well as common defenses used in sport-related litigation were synthesized. An examination of sport-related litigation over the past 20 years showed that, contrary to other areas of education-related negligence, universities are held liable more often than K-12 districts. A brief examination of the culture surrounding interscholastic sport is provided, as well as recommendations for administrators to mitigate liability and increase safety for student-athletes.