I was hurt during a rec league soccer game and need surgery, but I was injured as a direct result from an intentional act...
had this happened during the regular flow of the game, i would just accept this as an accident, but this happened as i was walking away from a player, while the game was stopped and i was struck from behind...i feel as though the only possible intention here was the intent to injure, and now i'll have medical bills, therapy bills, not to mention time lost at work...am i just screwed because i was playing a sport or can something be done because this wasn't an accident and there was intent?
8 attorney answers
It may constitute wilful and wanton conduct taking it outside of the otherwise applicable immunities. The short answer is that you should promptly consult counsel to evaluate your particular case in detail and also to evaluate the insurance issues and likelihood of actual recovery even if liability is established.
this is tricky because when you play a sport such as soccer, you assume the risk of injury. however, an intentional assault may go outside that risk. while you need to contact a local attorney in your area who is part of this site, this may be a matter where you may want to press charges, if you honestly believe that the assault was with injurious intent. but you need to discuss this with a local attorney.
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You certainly can sue the other player and if this is a travel league and the other team is independent, you can possibly sue the other team organization. If this is a league independent of
the town or city, you may be able to sue the league. If this is a park district sponsored league and no independent organization is involved, you might have a suit. Under certain circumstances you may be able to pursue an action against the referee or the entity that provides the referee for the game. However, that would depend on all of the circumstances. All of the above, would also depend on whether you signed any waivers.
You should contact an attorney to discuss the circumstances. Also, I suggest that you check around to see if anyone has the incident/game on video.
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The league likely is immune due to municipal immunity unless the player had a history of this of which they were aware.
You could sue the player, but whether money is available is another story.
Finally, I assume suits are waived by a participation release so you need to get around that.
See a lawyer to discuss.
Stephen L. Hoffman
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This is compensable because it's outside the context of the game. I have had two cases that are almost identical to what you described (one bastketball, one floor hockey). The main hurdle will be identifying a payment source--the offender will probably not be covered by insurance because of his intentional act (which most policies exclude). However, he may have resources of his own to pursue and beyond him, the league or facility may have liability--there may have been complaints about this player before, etc. It's definitely worth looking into. If you would like to discuss it, please feel free to call.
Chris Kennedy
847-295-0300
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These types of cases are very fact intensive and require a lot more information. The short answer is you may have a case. There is a possibility that you can sue the other player who hit you. These claims are often covered under a home owners policy. If you have any further questions or need some help finding an attorney please let me know. Good luck to you and sorry about your injury.
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I agree with these other lawyers, Intentional acts are not covered. However, unless the other player admits it was intentional, which they never do, then its negligence and there may be insurance money to cover. Absent coverage this case will be difficult to recover from. I hope that helps.
Sorry to read about the injuries that you suffered on the soccer field. As a former soccer player and coach, it is very disturbing to read about the injuries. You can pursue a claim or case against the player who injured you. Some claims are covered under homeowner's insurance but it will depend on the language of the policy. Most homeowner's policies do not cover intentional acts. As for the soccer league, it does not appear that the referee or club did anything wrong that cause or contributed to the injuries. The league may have Med Pay insurance coverage that will help with the medical bills regardless of fault. Contact an attorney regarding these and other issues. Good luck.
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