Legal Question in Personal Injury in California

I was playing in a basketball tournament organized by the school and i ended up falling while playing and hurt my wrist during the tounament and none of the supervised teachers took the precaution of making sure i was okay making sure i didnt break anything. I ended up getting a x ray weeks after because i had extreme pain when i put weight on my wrist and it ended up being fractured. Do i have enough to sue the school for negligence? I am currently in a cast and might have to get surgery if my wrist doesnt heal properly


Asked on 7/22/15, 12:41 am

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

There might be a lawyer out there willing to take your case, but from my standpoint, there's always a risk of injury while playing sports.

If you believe that the school should be liable for your wrist injury, then may I suggest joining the chess club.

Good luck

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Answered on 7/22/15, 1:21 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

My apologies for your injury. Negligence would require you to prove that a duty of care was owed to you and that the entity that owed you that duty failed. I think it is a long shot. All school sports have some aspect of danger to them. My apologies for saying this, but I don't think many lawyers would have a successful outcome for you. However, this is my professional opinion only and maybe there are some facts I don't know about (like inferior safety equipment, etc.)

Good Luck to you and get well soon.

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Answered on 7/22/15, 1:43 am
Len Tillem Tillem McNichol & Brown

If the school is a public school, then you can't just sue, you have to file a claim against the school district and you must do this within six months of the date of the incident, instead of filing a lawsuit within the two year statute of limitations for personal injury.

Regretfully, it's a lousy case. If you didn't experience significant pain until weeks later then what, how could the school staff had known better? Also, you'd have to prove that your wrist is worse off than it would have been had you been provided with immediate medical treatment - in a case like this, the claim isn't for the injury itself, as that's covered under Assumption of the Risk. The claim is for the aggravation of your injury caused by their neglect, which I think would be difficult to prove.

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Answered on 7/22/15, 10:25 am


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