Visitor Question

Child Fractures Wrist During School Sports Event…

Submitted By: Jenny (New Jersey)

My son plays soccer for his high school. During a warm up session before the game began another child threw a ball and it hit my son in his right wrist, causing a fracture of his right wrist. I don’t have medical insurance at this time since my husband just recently got laid off from work.

Does the

school insurance pay for all his medical bills even though the insurance states that it will pay only

what the primary insurance does not cover? (In my case there is no primary insurance.) What about this child who caused the injury to my son… is he liable for anything even though it happened while in school?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jenny,

You are in a precarious position. The school has a duty to protect its students. The question is how far does that duty extend?

For the school to have breached its duty to protect your son it would have had to either be negligent or have taken some affirmative action which led to your son’s injuries. It appears the school didn’t do either of these.

There is a legal issue referred to as “Assumption of the Risk”. Assumption of the Risk refers to a person assuming the risk for his actions or for the position in which he knowingly places himself.

By permitting your son to play soccer you unfortunately “assumed the risk” of the possibility he might be injured.

Students who participate in school athletics are often injured. It “goes with the territory” so to speak.

In your son’s case the lack of evidence of negligence of the school and the additional absence of any other circumstances which would cause the school to be liable for your son’s injuries makes your case untenable.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 18, 2011

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