is a case. He ran into the back of a hoop that had a unprotected hoop with a screw sticking out. he went to the emergency room and needed three stiches for a wound at his hairline on his forehead. The hoop seems very dangerous and I feel fortunate it was not worse. I have pictures of the hoop and his forehead.
California has adopted a legal doctrine known as "primary assumption of the risk." Generally speaking, an athlete cannot bring a claim for injuries sustained while competing in a sporting event.
But there are exceptions to this general rule. A defendant who fails to exercise reasonable care, and whose negligence changes the nature of the risk assumed by the plaintiff, cannot use the doctrine to defeat the plaintiff's claims.
There may be other issues that need to be addressed. For example, did you sign a waiver form to allow your son to participate? If so, it may be necessary to evaluate the scope of that waiver and whether it can be enforced under these circumstances.
Your best bet is to consult with a personal injury attorney. Most offer free initial consultations, and will work for a contingency fee so you are not out of pocket for legal expenses.
Should a basketball player twist his or her ankle while playing basketball on a clean and well maintained court, there's probably not much in the way of a real law suit there. However, the owner/operator of the court wherein people play basketball is expected to, and should, maintain the playing field in a safe manner... that probably means putting cushions around the net poles to prevent harm in the absolutely foreseeable event of a player slamming into the pole... even more so, the owner/operator should not allow screws and other sharp metallic objects to protrude from the pole where it is pretty obvious that a player will contact said screws.
All of that said, such a case would also depend on the amount of damages actually suffered from getting cut on said extruding screw. A call to a local personal injury would be where one should start to find out what to do.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
You may have a claim, but this depends upon many factors. It is best to discuss the situation with an attorney so he or she can collect the correct information and accurately assess. Many attorneys offer a free initial consultation that would provide you with very useful advice.
There are many issue to consider in the facts you presented. There may be a release signed by patrons of the Harwood Palace may limit your ability to bring a claim or sue them. Was the injury reported to the management when it occurred and was there an incident report created by Harwood Palace employees? Another factor is that, luckily, your son's injuries sound minor and therefore your claim may have reduced value. You should contact an attorney. Many offices, including mine, offer free consultations. Good luck.
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