My son has susatined serious injuries while attending a basketball camp, is the camp responsible for our damages

Sykesville, MD Viewed 154 times. Posted 10 months ago in Personal Injury

Personal Injury: my son who is 16yrs. old attended a basketball camp, while playing a basketball game out on the pavement, he went to shoot a ball and someone knocked his legs from out under him, causing him to land on arm, which resulted in him have open left radius and ulna diaphysial fractures, he was transported to the hosptal, they called us and it took my husband and I over 2 hours to get there, while on the phone speaking with doctors, and othopedic surgeons, the accident ocurred around 2:00pm, when we arrived his arm was wrapped and of course he was sedated with morphine, until a specialist came in when he examined the xrays he preformed surgery at 8:00 Long Time for someone to lay in ER anyhow even though we signed a release form for the Camp, for the liablility part, We paid the medical bills, Can we sue for something like pain and suffering. - Is this your question? Add additional information

Answers (4)

Thomas Allen Herald

This attorney is licensed in Texas. Posted 10 months ago.

I would encourage you to seek legal counsel in your area because your question raises several different issues for me far beyond the question of suing for pain and suffering. Damages for pain and suffering in the past as well as in the future are a routine element of damage that lawyers seek to compensate their clients. However, you will also need to find out if you signed any waivers or releases of liability to enter your son into the basketball camp. In addition, in Texas where I practice, and probably in other states as well, injuries sustained during sporting events are considered part of the game unless the injury was inflicted intentionally, or through recklessness. Other states probably use different words, but the concept incorporates the idea that there is a risk associated with playing sports, but you have not agreed to have your son subjected to unreasonable risks and unreasonable behavior.
I wish your son a speedy recovery. And again, because of the legal issues involved in a claim of that nature, I would encourage you to promptly seek legal counsel from a lawyer in your area, especially before you provide any statements to any insurance adjusters.

Adam Paul Philpott

This attorney is licensed in Florida. Posted 10 months ago.

You may have a cause of action against the camp for negligence depending on certain facts. You would have to prove that the camp breached a duty of care, and a result of that breach caused your son's injuries. The duty will depend on your state's statutes, however, would likely be that of reasonable care. The camp would likely claim that it was an accident and that there was nothing they could have done to prevent it. The camp also may have complete protection from suit depending on the language and enforceability of the release. It is certainly something you should look into further, and you should be able to consult with a local personal injury attorney for free who can review the release and the facts of the case and advise you how to proceed.

Jeremy Richard Rosenthal

This attorney is licensed in Colorado. Posted 10 months ago.

To recover damages for pain and suffering or any other types of damages, you must show that someone was negligent. Negligence occurs when someone had a duty, breached that duty caused damages to someone (in this case your son), and that person's negligence was the cause of the injured person's damages. The release that you signed is called an "exculpatory clause" and many states hold that they are often void as against policy policy. You should immediately call a local lawyer for a free consultation.

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted 8 months ago.

Act quickly. You must contact a MD lawyer to protect your son's rights.

Contact an attorney nearby to you who will be able to review the facts. There are too many possible variations from the way you have described this situation that giving a specific course of action is difficult and not warranted.

Good luck.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.