Is the high school liable for injury during a girls soccer game?
by Lidia (Patchogue, NY)
My daughter was injured during a high school soccer game. She is a senior. She was taken to the E.R. and could possibly have permanent nerve damage. The next day the Director of the Athletic Department called my daughter in to tell her she is technically inactive because of her Spring 4th quarter grades.
We are currently in 3rd week of Fall (school year just started). My daughter and I were never properly notified in writing. And she has participated in 5 school sanctioned games.
Is the high school negligent and liable for her injuries, since technically she was ineligible and not properly notified of it? What else can be done? Thank you.
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ANSWER for "Is the high school liable for injury during a girls soccer game?":
Lidia (Patchogue, NY):
From the facts you present, it is highly unlikely the school district will be liable for your daughter's injures. While your daughter was told she would be inactive because of her grades, she nevertheless not only wanted to play soccer, but indeed played.
When parents permit their children to engage in high school sports, those parents "assume the risk" their child may be injured as a result of playing the sport.
In your daughter's case, it appears her injuries were not due to the negligence of a coach or other staff member, nor were they caused by the malicious act of another payer who intended to inflict serious bodily harm to your daughter.
Under the circumstances, you really don't have the basis of a legal claim against the school district. While your daughter's injuries were certainly unfortunate, her injuries were the type which could reasonably occur within the confines of a normal high school soccer match.
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