Negligence, Other Injury Son hit by a shotput at track practice last week

[Debk]

Last week while at practice my son was hit by a shotput....He was standing in the "safe" zone and about 15 feet away when the kid threw it. My son was knocked out and rushed to a local hospital. After his ct scan they found a bleed on his brain and we had to be transfered to a trauma hospital.

The coach was not present when the accident occured. They had pictures that day, so he was still in the gym when some of the kids went out to the fields.

Yes, I signed a waiver, but it is just a piece of paper.....

Who is liable in this case, since there was no coach present??

 

[Proserpina]

Without seeing that piece of paper, nobody can tell - but you might just find that it's a whole lot more than "just a piece of paper".

Consult with a local personal injury attorney once your son's injuries are healed completely; at the very least you might ask the school to be responsible for medical bills.

 

[disagreeable]

Inherent with school sports activities are injuries. It appears that is what occurred here. It seems the release you signed covers this. Due to the seriousness of the injury, I concur w/Pro, consult a lawyer.

 

[mightymoose]

Ultimately the parents are liable which is likely what you acknowledged when you allowed your son to participate.
You will probably have difficulty proving negligence if that is what you were wanting to do.
It should not be too hard to get insurance to cover this.

 

[Debk]

The just a piece of paper comment was actually made by our athletic director when I went to see him last week to get a copy of the accident report.

The negligence is that it happened without a coach being present. The kids should have not been throwing nor have access to the shotputs without him present.

 

[disagreeable]

It can be reasonable to infer that student eligible to possess a drivers license allowing them to operate motor vehicles without adult supervision, trained in the use of a shotput, could, generally speaking, operate one correctly.

 

[Debk]

These kids are 14. Driving a car has nothing to do with the situation.

 

[Proserpina]

So have you been calling attorneys yet?

 

[Debk]

So have you been calling attorneys yet?

No. I am not looking to sue, which I should have originally posted. I was simply asking if the school should be held liable since it happened without a coach present.

Yes I understand it was an accident and yes I have signed multiple waivers, but it is the school's responsibility to be present when kids are throwing shot-puts, discuss, javelins, etc.

Do I have the right to ask them to cover any medical expenses that will be out of pocket??

 

[disagreeable]

You don't need a lawyer to have that right and ask. You may need a lawyer to get them to do so, if they are legally obligated to and refuse.

 

[Proserpina]

Okay, I have to ask.

I did shot and discus in high school...and other competitors, spectators, parents and coaches were WAY out of your average hitting distance. A throw that goes off by 15 ft and happens to hit someone on the sidelines? The person was either in the wrong place (his fault) or the competitor was perhaps..aiming...not where he should have.

Which do you think is more likely? Or perhaps more provable? Specially if you've signed waivers up to the hilt?

 

[Debk]

When I called his friend to find out exactly what happened this is what he said.......I am so sorry he got hurt and I don't think he did it on purpose. Which leads me to believe the thrower was screwing around once again. But since it was a practice, I wasnt there.

 

[mightymoose]

A coach not being present does not make this negligence.
The school may have some responsibility, but not for the reason you suggest.
Again, this is one of the many reasons why it is good to have insurance. If you don't have it, perhaps there is a way to use the school's.
To use the school insurance you will have to find your way around the waiver you signed.
What does the waiver have to say about this anyway?

 

[Debk]

We have insurance. A child can not participate in any sport unless you have insurance. The school does offer their insurance for a fee if a family does not have any.

 

[mightymoose]

Well there you go. Settle this through insurance. There is nothing more to do.