Facts: The plaintiff was a twelve-year old girl who was tall, uncoordinated, awkward, and unathletic. One spring day, the defendant teacher, who had taught physical education for thirteen years, took the class outside to practise for an upcoming activity day. The plaintiff was assigned to practise for the piggy back race with some other girls. The teacher, who had taught Eaton for two years, advised her to pick a lighter girl. When the race began, the plaintiff had a smaller girl on her back, but after a few steps she fell and broke her leg.
Issue: What duty of care did the teacher have toward the plaintiff? Was the activity risky?
Held: Action dismissed.
Judicial Reasoning: The duty owed the child by the teacher was that of a
reasonable and careful parent. The fact that the teacher had to look after a
large number of students could be a modifying factor, though in this case the
duty was actually slightly higher because of the awkwardness of the student.
The teacher's precaution making sure that the plaintiff paired up with a smaller
student was reasonable. The Court also felt that a careful and reasonable
parent would not object to this child participating in this game.