Legal Question in Personal Injury in California
Setting: kids playing on the beach with a ball (not violence, only friends playing). My son kicked the ball at the same time the other kid tried to grab it. The ball hit the other kid's finger and he got injured. His father is coming after us now to recover some of the expenses he has been thru since this happened- mostly medical bills (two hand surgeries, physical therapy, etc), loss of soccer season for his son. What are the chances?
1 Answer from Attorneys
The other side has a very weak case. In taking part in a sport, the players assume the normal risks of that sport. Another player is only negligent if they do something that the average reasonable ball player would not do. It does not sound as though there was anything unusual that occurred. If the were playing soccer then the other child should not have been using his hands unless he was the goalie. Check with your home owners insurance if they would cover such a situation.