Articles Posted in School Injuries

School sports waivers are commonplace in the life of a parent, but what exactly is signed away when you sign one? Have you ever taken the time to read the fine print? For example, as reported recently in an MSNBC article, did you know that thousands of high school sports waivers state that your child may lose the ability to “generally enjoy life” and that those damages may not be recovered in a subsequent legal case.

In order to discuss the sweeping terms of such school sports waivers it is best to start with a brief discussion of personal injury damages. As most San Diego personal injury lawyers will tell you, when someone is injured and blame is assignable to the defendant, various damages may be available. For example, the defendant may have to pay for the injured person’s medical expenses or for their future lost wages. These constitute “economic damages.” Beyond economic damages, some awards can also include non-economic damages, often referred to as “general damages” and primarily consisting of “pain and suffering” damages. The theory behind general damages is to compensate the injured party for physical, mental, and emotional suffering and/or distress from the incident.

Pain is the physical component of general damages. Pain damages can be awarded when the plaintiff suffers a broken bones, concussions, and permanent impairments. To show pain often the injured person’s testimony, medical records, and doctor testimony are used as evidence. The amount of compensation for pain is usually based on the nature, extent, and duration of the pain.

If you participated in any kind of sport in your high school days, you know that players, coaches, faculty, and other students take the games very seriously. Practices are not optional, and players who do not give sufficient attention to their sport will be cut from the team or, at the very least, will be stuck on the bench for most of the season. Even so, our San Diego injury lawyer knows that there is a need for coaches to remember that the players are only kids and there are proper rest requirements and safety measures that must be maintained to ensure that injuries are avoided.

Recently, the family of a high school football player named Justin Williams has filed a lawsuit against East Nicolaus High School in Sutter County, Florida. According to an article by Fox40 out of Sacramento, the lawsuit alleges that after Williams missed a football practice, Coach Mark Varnum punished him by making him run drills in the scorching 95-degree heat and having the other players tackle him repeatedly. Williams fell ill while at practice, and he was taken to the hospital, where doctors determined that he had suffered a collapsed lung and a concussion.

Unfortunately, as often happens in these cases, the school and the coach are denying any liability for Williams’ condition. It remains to be seen how this case will eventually play out in court. Regardless, the story is a good example of the importance of being vigilant and remaining aware of what is going on at your child’s sports practices. In our area, San Diego sports injuries are common in high school sports. They can occur not just in high-impact activities like football, hockey, and lacrosse but also in low- or no-impact sports like baseball, tennis, or even swimming. The best way to prevent most sports-related injuries is to educate kids about the dangers involved in the sports they play and to try to help them understand when the coach is asking too much of them.

In Justin Williams’ case, the allegations are that the coach’s method of punishment was the cause of Williams’ injuries. However, California high school sports injuries can occur in other situations, such as where the equipment used to protect players does not function as intended or even where players just do not take proper care of their bodies by getting enough food and water to keep it running. In some cases, precautions can be taken to prevent sports-related illnesses, such as dehydration. Anyone who plays any kind of sport, whether it be in an organized athletic program or just a casual game with friends, should always be aware of any risks and take measures to prevent injury.

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Carlsbad’s Army and Navy Academy is defending another lawsuit filed against it for the alleged hazing of a cadet. The alleged incidents of hazing occurred nearly 10 years ago.

The lawsuit filed in Vista Superior Court is one of three filed against the school in the last two years. It contends that the cadet suffered several instances of ritual group beatings and sadomasochistic hazing, and accuses the academy, a boarding school, of failing to protect its young cadets. The delay in the filing of the suit, the complaint alleges, was that the plaintiff suffered years of mental, emotional, and psychological problems that stem from his stay at the academy.

The president of the academy, retired Army Gen. Stephen Bliss, told the Union Tribune that his school has strict standards of conduct, and abuse of cadets is not tolerated and is quickly addressed.