He was injured and carried off the field. (Knee) assesed by the trainer. Then was re entered 6 plays later. 1st play he came back in he ran and tried to stop, his knee popped so loud everyone on the opposing sideline heard it. He was carried off the field again. He tore 3 ligaments in his knee and now is in jeopardy of losing potential scholarships in multiple sports.
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See an experienced litigation-injury Attorney. Time is of the essence. With public schools there is a six month claim requirement.
Your son needs a lawyer to explore parental malpractice. Why did you allow your son to engage in such activities? I wonder what brain injuries he has.
I agree with the other attorneys that have given you answers. I will chime in.... your son is old enough that he has some responsibility in this. He knew he was hurt and chose to continue playing. You know this probably will be difficult just becuas you will need experts that will say the first injury caused the second... what you don’t know is if the first injury made him susceptible at all. Any potential scholarships in multiple sports sounds speculative to me. Don’t think that will go far because injuries happen in sports all the time. What would have happened if he hadn’t played again that game and this happened two weeks later?
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
Generally speaking, your son engages in the assumption of risk of harm when he participated in the sport, which has inherent risks that sports instructors cannot be expected to eliminate. So unless there is proof that your son did not understand the risk due to age, lack of information, experience, intelligence, or judgment, the school may not be held liable for the injury of your son.
However, the instructor may breach a duty of care if he/she intentionally injure a player or engages in reckless conduct totally outside the range of the ordinary activity involved in teaching the sport. You must be able to prove that such breach happened to file an injury claim against the school.
I strongly suggest that you consult with an experienced personal injury lawyer to further review your case and to discuss your option.
I hope your son is feeling better now. Wish you well with your case.
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
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