You might have a claim. Sit down with a personal injury attorney to discuss.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Look like you might have a case. Is your son still injured? You should definitely talk to a personal injury lawyer in California.
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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.
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.
All responses are provided for informational purposes only and should not be construed as legal advice or considered as the basis for an attorney-client relationship. Laura Mismas is only authorized to practice law in the State of California. Readers should not act upon information provided by Laura Mismas and should consult with an attorney regarding all matters herein. An attorney-client relationship with Laura Mismas is only initiated by entering into a written retainer agreement.
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
-Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 4160 Temescal Canyon Road, Suite 306 Corona, CA 92883 (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.
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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