Legal Question in Civil Litigation in California

Re: torts

It usually will insulate the owner of the facility where the child is engaging in the sport. However, it may not insulate individuals from liability if they were involved in activities that are not normal and customary in the sport. For instance, deliberately smacking another player with a bat would not insulate the attacker (and perhaps his/her parents) from liability.

Re: torts

I think that, if I am reading the question correctly, which is a little differnt than co-counsel, I believe you are asking if the organization is absolved from liability of its employees and its location.

Here's the problem, you're talking about children. You need to understand that, because of the policy of protecting children, the Court (if an injury occurs) will try to find any means to hold the organization liable.

I agree with co-counsel that normal contact that occurs in a sport, even one such as football or wrestling, should be absolved from liability but those outside the realm of "normal" could still attach liability.

In regards to the tortious actions, if intentional, there is no protection of liability (unleass that is actually part of it, such as boxing) This is the example that Attorney Cohen presented with the baseball bat.

If this does not exactly cover your question, please feel free to contact me directly at [email protected] or through our firm's site at www.No-Probate.com.

Scott

Re: torts

I agree with Mr. Cohen and Mr. Linden, but I want to clarify one point.

You use the term "tortious conduct", but that term has a specific meaning to lawyers which is probably not the meaning you had in mind. Tortious conduct can be either negligent or intentional, but my sense is that you were asking specifically about intentional conduct.

A waiver generally will not insulate an individual or organization from liability for its own intentional torts like assault or battery, but it generally will be effective against claims of negligence or of intentional wrongs by third parties.

There are many reasons why these general rules might not apply in a particular case, and I don't know enough about your situation to say what effect, if any, your waiver will have.