Legal Question in Personal Injury in California

My granddaughter is in the 7th grade, last weak the Teacher had the kids play soccer but did not issue any shin guards for the kids, a fellow student ran into my granddaughter and broke her leg bone (tibia-broken, fibula-bent)she is in a cast but the doctor said she might need some surgery if the leg dose not heal proper. I was wondering if the school is liable for her medical expenses or does my son have a case?


Asked on 3/26/14, 2:58 pm

1 Answer from Attorneys
Allister Liao Law Offices of Allister R. Liao

I think it would benefit you to speak with a personal injury attorney to better evaluate the situation.

There are a number of things to be aware of, including

(A) California Government Tort Claims Act

(B) Assumption of Risk

(C) Case Against the Other Child

(A) California Government Tort Claims Act - bringing a lawsuit against a school puts you in a unique situation, because the plaintiff is required to bring a governmental claim within 6 months of the incident.

(B) Assumption of Risk - whenever someone engages in a sports activity, they are said to have assumed the usual risks of that sport. Take a look at the case of Knight v. Jewett, 3 Cal.4th 296 (1992).

Here's a link to the case:

http://scholar.google.com/scholar_case?case=7043869928531949845&q=knight+jewett&hl=en&as_sdt=2,5

(C) Liability of the other child that caused the injuries should also be evaluated.

Best of luck to you!

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Answered on 6/10/14, 7:47 pm


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