"Look
before you leap" is a popular phrase used to warn people that they need to
be aware of what they are getting into before starting.
It
should also apply to a recent case out of Queens, New York involving a high
school softball injury. Fifteen year old
Alina Cerda is suing the City Education Department, her high school, and her
high school softball coach for failing to properly instruct her on sliding
techniques which, in turn, led to her broken ankle on a failed sliding
attempt. Her argument rests on the
school's alleged failure to hire a competent coach and the coach’s negligence
in instructing on an aspect of the game.
Sports
are inherently dangerous and because of the potential for a variety of foreseen
and unforeseen injuries, it is the participants that should be prepared for
them the best they can and not instigate silly
lawsuits. There are, of course,
those instances in which a school would be held responsible but most injuries
are the result of the individual behavior.
So, to what extent can a school be held liable for the injuries sustained by players? LegalMatch provides some instances in which schools have been found liable for injuries:
- permitting
injured, unfit, or unequal players to compete
- providing
unsafe facilities or equipment
- negligently moving an injured player
- failure
to employ a competent coach
- failure to provide proper supervision or training
I
think somebody needs to talk to these people about assumption of risk and
contributory negligence. The basic gist
of the concept is that an individual voluntarily and knowingly assumed the risks at issue
inherent to the dangerous activity in which he was participating at the time of
his injury.
For instance, sliding into a base is a part of playing
baseball or softball and so a player would implicitly assume any risks involved
with it. Getting shot by a gun while
playing would not be an aspect a player would be expected to be prepared
for. I think it is totally ridiculous to
place all the responsibility of playing a game on the coach, especially at the
high school level where there is such a range of athletic abilities. Hopefully, the judge will see that this case
has no merit!
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