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Do you think i can win? if i sue league captian for injury? do you think i can sue city too?

Riverside, CA |

2months ago i played soccer in the park(i played in league)
i had accident with team member(we were both playing. and
accidently we crashed each other) i fell. i had concussion
one of our team member call 911. ( he said we have insurance)
i went the the hospital and took a ambulance
i got a bill almost $7000
i brought the bill to league captain.he said " we don't have a insurance.if you can.sue me!!)
i know the all the league must have a insurance so they can play at the park.
i went to moreno valley city recreation center.and one of clerk said they must have a insurance.the clerk said i will call the captain and call me back.day afeter he call me and he said sorry.the league has no medical insurance.they have insurance that covers vehicle accident).i am thinking sue city and a league.

Attorney Answers 10

Posted

What would you sue them for? They do not ensure your safety by virtue of your playing at their field. Unless you can show negligence on their part, they are not liable for your injuries.

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Posted

You must show that the league or the umpire were somehow negligence in causing the other player to run into you. Or you must show that the other player was somehow negligent and that him running into you was not just part of the game. Accidents like that happen frequently in sports and unless you can show someone acted negligently or intentionally, you will have a hard time getting compensation.

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Posted

When you play a sport, you assume the risks that are attendant to and inherent in that sport. Running into another player is a foreseeable risk. The specific harm need not be foreseen. You will be non-suited in, I feel comfortable saying, all 50 states.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

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2 comments

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Perfect answer by Mr. Weitz. Playing any sport clearly involves an assumption of the risk of potential injury. He is correct that you do not have a viable claim.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

thanks

Posted

If there was an uneven field which caused the loss of balance, and subsequent collision, have a local personal injury lawyer investigate a claim.

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1 comment

Christine C McCall

Christine C McCall

Posted

Subtle.

Posted

While many personal injury attorneys, and rightly so, would opine that one who pays sports assumes the risk of injuries occurring during regular play... However, there are some attorneys who just won't take no for an answer... the dear reader's attention is now directed to an issue of that famous legal rag Sports Illustrated... http://sportsillustrated.cnn.com/more/news/20120822/little-league-baseball-lawsuit where one will see just how much getting hit with a baseball during a baseball game can be worth.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92833
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.
*** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law. *** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.

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6 comments

Christine C McCall

Christine C McCall

Posted

I think a contra result in that case if the injury occurred in the course of an MLB game.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

I agree with Ms. McCall. just as a basketball player will not normally assume the risk of stepping in a hole at the top of the key, he does assume the risk of running into the post supporting the basket or even the fence just beyond the post. the young lady who lost her life after getting hit in the head with a puck at an NHL game did not assume that risk. indeed, the NHL added netting over the end boards, and halfway to the blue line in some arenas, for the protection of the fans and to curb their own liability. there is a theory that one does not assume the risk of getting hit by a ball batted by an aluminum bat because of the increased velocity over a wooden batted ball. I don't agree with that creative calculus. I did not read the SI article, but there are exceptions to every rule. indeed, I had the privilege of being second seat to a brilliant trial lawyer who obtained a verdict in excess of $100 million, which then became the highest sustained verdict in the history of New York. that was a diving case--the classic, assumption of risk case. two brothers were diving off the Steeplechase Pier on Coney Island, a place where signs clearly stated, "No Diving." brother one took a dive and didn't come up. brother two dove in to get brother one. both brothers were rendered quadriplegic when they hit debris in the water. the city argued that the brothers assumed the risk of their dives. the court of appeals disagreed. so, there are exceptions to every rule and I would be the first to argue for any reasonable exception. however, butting heads in a soccer game is not such an exception. nor is the "danger" posed by aluminum bats.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

now having read the SI article, I see that my aluminum bat comment is appropriate. I note that the Domalewski matter was SETTLED, not tried to verdict. HB was obviously frightened of any precedent that might be set by a verdict/appeal/affirmance, so they settled. the science was never subjected to a Daubert/Frye hearing, or even to cross examination during plaintiff’s case in chief.

Paul J Molinaro

Paul J Molinaro

Posted

While it may be true that no formal court ruling legal precedent was set, I doubt such was a huge factor in this settlement... the settlement was for fourteen and a half MILLION dollars... and it was not confidential... that sets a precedent all by itself... next lawyer who gets a call from a similarly injured client will jump at the chance to get this kind of case... Millions of dollars and no trial? A client's and lawyer's dream! - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 4160 Temescal Canyon Road, Suite 306 Corona, CA 92833 (951)520-9684 www.fransenandmolinaro.com / www.888MDJDLAW.com "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California. *** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

while I would take the baseball bat case (everyone said we were crazy to take the diving case), by no means is it a slam dunk. HB had nine figure exposure in that case that may have been sustainable in that jurisdiction. that said, a settlement for about 15 cents on the dollar was a prudent move.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

to continue, the family's attorney noted he could not discuss the details of the settlement, nor could he say if anyone admitted liability (you can be sure they didn't ). after the fee, the young man’s award will be less than $10 million. I guarantee that the life care plan calls for at least seven or eight times that amount. depending upon the level of care he requires, the settlement may not cover his expenses. I guarantee the lawyer was happy with the numbers; it was a career case for him. however, it's not the huge number the press made it out to be.

Posted

It seems to be a common misconception that just because you have been injured you can sue. However, you need a theory of liability to recover damages.

Here, you need to prove that someone owed you a duty of care and breached that duty by acting in a manner that constituted negligence. When you play a contact sport, you assume the risk of injury, and you indicate yourself the injury you sustained was accidental.

Try negotiating with the ambulance service to see if they will reduce their bill. They should. Beyond this, however, the facts you describe typically would not give rise to any sort of legal claim. I am sorry.

http://www.johnphillipslaw.com

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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Posted

If there was an uneven field, maybe

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Posted

You certainly have to grapple with assumption of risk as a barrier to you recovering everything/any damages which you might seek. There are some immunities applying to governmental liability as to recreational property; I see no reason for me under these facts to consult the code to be sure/definitive. An accident in a consensual soccer situation does not begin to hint of liability on anyone's part. BTW, there is a 6-month deadline to bring a claim against a public entity before any suit can be brought against it. I wonder if you were unusually susceptible to a concussion and/or the medical providers overcharged/overserviced you.

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4 lawyers agree

Posted

No, you cannot win.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

The other answers are correct. The only other avenue I can think of is if you were advised by the league that it has medical coverage for all players who are injured before you chose to play. If you had to pay a fee to play and the fee was supposed to partly pay for such insurance, that could give you cause to sue.

If you did not buy health insurance for yourself in reliance on the league's representation of coverage, you could sue.

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