Who is Liable for a Solar Eclipse-Related Eye Injury?

It’s coming. April 8, 2024. 

North America will experience a total solar eclipse that passes certain parts of Mexico, the U.S. and Canada. The moon will pass between the Sun and the Earth, blocking the Sun, and the sky will grow dark, appearing to be nighttime in the middle of the day. 

About 44 million people live in the “path of totality,” or the area where the eclipse will be viewable—but indications are that between 1.85 million and 7.4 million people will travel on that day to get a glimpse. 

This is a Big. Deal. to a lot of people because this particular solar eclipse, happening in the same place, occurs about once every 375 years. So even “once in a lifetime” doesn’t do it justice. 

Why are schools closing for the event? Wouldn’t they want to have kids outside to make this a teachable, memorable moment? Allegedly, when the moon passes in totality over the sun, the image will be dark with a bright ring around it, like a glowing orb. And, from what scientists tell us, it will be quite beautiful and unforgettable. 

To be clear, some schools are closing for the day because of the influx of travelers coming to large cities and small towns alike in the path of totality. Some communities are concerned about traffic and other issues with a sudden population boom for a day and they don’t want to have to worry about children getting home safely. For those, it’s a purely logistical consideration. 

But some schools are closing even outside the path of totality, where the moon might darken the Sun’s rays for about three minutes and then the whole event is done. Those places are unlikely to have astronomy-loving travelers or stores sold out of bottled water and toilet paper for the event. 

The reason is that some are concerned about liability for the potential injuries that could happen to a student who looks directly at the Sun.

What are the vision risks for a solar eclipse?

If you’re in the path of totality, you have up to four minutes and 28 seconds when it is safe to look directly at the Sun because the Moon obscures it. However, if you’re viewing the eclipse any other time (or ever looking at the Sun), you need protective glasses to safeguard your vision. 

The Sun might not seem bright enough to cause near-instant vision damage, but it is.

It’s dangerous to look directly at the sun without specific glasses intended for this purpose. Regular sunglasses are not safe enough for eclipse viewing or looking directly at the Sun. 

It’s also dangerous to view the Sun through a camera lens, binoculars or a telescope unless you have a special solar filter. Doing so can cause instant eye injury. 

Looking directly at the sun for even a few seconds can cause solar retinopathy, which could result in mild to moderate vision loss. This is true any time, not just during an eclipse. If your vision is affected by looking at the Sun, you could begin to notice these effects about 12 hours following the injury. You might experience a blind spot or distortion in the middle of your area of vision. 

These effects are likely to be more pronounced in children than in adults. Children’s pupils tend to be more dilated than adults’, which means more light is allowed in and more damage can occur if they look at the Sun.

Who is liable for a vision injury from the eclipse?

It’s well-established that viewing the eclipse without proper protection is dangerous. But that begs the question of who is liable if someone’s eyes are injured. 

What if it’s children in school? What if the eclipse glasses are defective? 

Many schools in or near the path of totality are closing on April 8th or are dismissing students early so they’re not in school or traveling home during the time of the eclipse. One reason cited by school districts in the path of totality is that they’re concerned about traffic congestion and an influx of tourism in the areas and want to be sure students can get home safely. 

But another might be hesitation over ensuring students are taking proper precautions. Some schools are hosting eclipse viewing parties and are distributing protective eyewear to students before the event. 

Can a school be liable for a child suffering a vision injury from the solar eclipse?

Whether a school is liable for a child suffering a vision injury during a solar eclipse depends on several factors, including the jurisdiction's laws, the circumstances of the injury, and whether the school acted negligently. Here are some key considerations.

1. Duty of care. Schools have a duty of care to provide a safe environment for students. This includes taking reasonable steps to prevent foreseeable risks of injury.
2. Negligence. If the school was aware of the solar eclipse and did not take appropriate measures to educate and protect students from looking directly at the sun without proper eye protection, it could be considered negligent.
3. Foreseeability. The risk of eye damage from viewing a solar eclipse without proper protection is well-known. A school should foresee the potential for harm and take preventative measures.
4. Causation. There must be a direct link between the school's actions (or lack thereof) and the injury suffered by the child. If the injury occurred due to the child's actions contrary to the school's explicit instructions and provided safety measures, the liability of the school may be reduced.
5. Comparative or contributory negligence. In some jurisdictions, if the child contributed to their injury (for example, by not using protective eyewear provided by the school), this may reduce or eliminate the school's liability.
6. Warnings and instructions. If the school provided clear warnings and instructions about the dangers of looking at the eclipse without proper protection, and provided appropriate protective eyewear, it might be less likely to be held liable.

Is the manufacturer of defective solar eclipse glasses liable for an eye injury?

If solar eclipse glasses are defective or don't work as intended, the manufacturer could potentially be liable under product liability law. Here are key points regarding such liability:

1. Product liability. Manufacturers are responsible for ensuring their products are safe for use and meet certain standards. If a product is defective and causes harm, the manufacturer can be held liable.
2. Defectiveness. The glasses would need to be proven defective, meaning they failed to provide the necessary protection against the sun's rays despite being used as intended.
3. Injury. There must be a clear link between the defect in the glasses and the injury suffered. In the case of solar eclipse glasses, this would mean demonstrating that the injury (e.g., eye damage) was directly caused by the defective glasses.
4. Duty of care. Manufacturers have a duty of care to ensure their products do not pose a risk to consumers when used for their intended purpose. This includes rigorous testing and quality control to prevent defects.
5. Warnings and instructions. If the manufacturer failed to provide adequate instructions or warnings on the use of the glasses, or if the provided instructions were misleading or incorrect, this could contribute to their liability.
6. Recalls and post-market surveillance. If a manufacturer becomes aware of a defect and does not take appropriate steps to recall the product or warn consumers, this could increase their liability.

In cases of injury due to defective solar eclipse glasses, consumers might pursue legal action under theories of negligence, breach of warranty, or strict liability. The outcome would depend on the specific circumstances of the case, the laws of the jurisdiction in question, and the ability to prove that the glasses were defective and directly caused the injury. 

How to view the 2024 solar eclipse safely

• Use compliant eclipse glasses. Ensure you have ISO 12312-2 compliant solar eclipse glasses. These glasses are designed to block out the harmful rays of the sun. Regular sunglasses, even very dark ones, are not safe for looking at the sun.
• Inspect your glasses. Before the eclipse, check your glasses for any damage, scratches, or punctures. If they are damaged or torn, do not use them.
• Avoid improvised filters. Do not use homemade filters, regular sunglasses, smoked glass, unfiltered telescopes, binoculars, or cameras. These do not provide sufficient protection against eye damage.
• Supervise children. Ensure that children are supervised when using solar eclipse glasses to confirm they use them correctly.
• Put on your eclipse glasses before looking up at the Sun. Do not remove them while looking at the Sun.
• Look away before removing glasses. When you decide to look away from the Sun, turn your head away before removing your glasses. This prevents accidental exposure to the Sun’s rays.
• Use safe viewing techniques. If you don’t have eclipse glasses, consider alternative methods like pinhole projection, where you project the Sun’s image onto a surface through a pinhole in a piece of cardboard.
• Partial vs. total eclipse viewing. If you are in the path of totality, it is safe to view the total eclipse phase without glasses for the brief period when the moon completely covers the sun. However, before and after the total eclipse phase, or if you are outside the path of totality, you must use eclipse glasses to view the sun safely.
• Be aware of the timing of the eclipse phases in your location. The period of totality, when it is safe to briefly look without glasses, is only during the very short time when the moon completely covers the sun.
• Consider a live stream. If weather conditions are poor, or you don’t have the proper safety equipment, watch the eclipse through a live stream broadcast by a reliable source.