Shoulder injury from coaching neglect?

by Frank
(Dallas, TX)

I have a son who is a sophomore in college. He is the 4th pitcher this year to sustain either an elbow or shoulder injury due to the neglectful training and game practices of the pitching coach.

It has been acknowledged by both the head coach and the college trainer that the actions of the pitching coach have contributed to multiple injuries. Do we have recourse against the school or coaches for neglect in protecting and properly training against these injuries? Is there any legal action possible? Thank you.

Visitor Question:
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ANSWER for "Shoulder injury from coaching neglect?":

Frank (Dallas, TX):

You state, "It has been acknowledged by both the head coach and the college trainer that the actions of the pitching coach have contributed to multiple injuries."

If by "acknowledged," you mean the head coach and college trainer told you or other third parties the pitching coach was responsible for the injuries, because the pitching coach failed to train or appropriately treat the players, permitted them to pitch when they hadn't had an adequate rotation, or knew or should have known that permitting the players to pitch would likely have resulted in injuries, then you may have the basis of a personal injury claim against the school.

If the head coach and college trainer were ambivalent about admitting whether or not the trainer was responsible for the injuries, then your claim against the school would be weakened.

However, even if it could be proved the college trainer wrongfully permitted the players to pitch, especially when it was likely that doing so would result in injuries, unless the injuries are permanent, or having adversely affected their ability to receive a scholarship or some other financial reward, any claim you or the other parents might have would be limited to the costs of medical bills and out-of-pocket expenses (for such items as medications, bandages, costs of travel to and from treatment, etc.).

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

Best of luck,

Judge Calisi

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