The short answer is “yes.” The longer answer is more complicated.
Certain public entities, such as schools, are protected in Illinois by something called the “Tort Immunity Act.” Under this law, it is not enough to show that the gym program or teacher at the school was “negligent” in causing your daughter’s injury – you must prove at trial that the conduct was “wilful and wanton” or “reckless.”
The Tort Immunity Act can be overcome. A case recently settled against a school for causing an injury to a student in gym class by allowing the children to participate in what was known as a very dangerous game. If you have a child who experienced an injury at school because of reckless or “wilful and wanton” conduct, call (847) 628-8305 or email service@argentolaw.com to discuss your options.
