Legal Question in Personal Injury in California

My wife and I moved to the SF Bay area recently and signed up at a meetup joint on meetup.com. The meetup joint hosted a beach event last weekend and we signed up for it. We had a car and thats how we met a lady who contacted us to carpool. We drove her to the beach spot, which was around 100 miles away from home. We were all playing volleyball in the beach, mostly the guys. She admitted she didn't know how to play the game, and yet she wanted to do so. Earlier while driving down to the beach , she had also mentioned that she had injured her left knee a few years back. Despite all that she was adamant on playing. Since it was all a fun event, the organizers thought it would be okay. During the game, when the ball landed in between us, I hit the ball and I must have accidentally bumped into her and she fell to the ground. She complained of knee pain. We drove her back home, and now she is asking us to pay for her medical charges. She is very petite (about 4 feet 5 inches in hight) and I am around 6 feet. I am not sure if I had bumped into her, or if she lost her balance. I dont remember feeling anything (but that could also be because I am physically bigger/stronger than her).

She asked us to pay for her medical charges. We refused to pay for her medical charges, as it was a sports injury and the whole thing was accidental. We did tell her that she should have assessed the risk while playing a vigorous sport such as volleyball especially because she said she didn't know how to play the game. With a weak left knee, and no knowledge of volleyball, she adamantly joined the team, despite other members of the team asking her to leave every now and then.

Now because we have refused to pay her medical charges, she has started harassing us saying we are devoid of character etc. She has also brought it up in the public in a very cheap manner (in our meetup website). We didn't say anything as we didn't want to subject her to further misery.

We are very saddened by all that, and we no longer have even the genuine concern that we felt for her. She continues to send us hate mails asking us to apologize to her, pay for her medical charges. She says she will hire a personal injury lawyer.

We are quite perplexed with all the slandering and harassment she has been subjecting us to.

Are we guilty ? Do we need to pay for her medical expenses?


Asked on 7/28/10, 2:53 pm

4 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

You are correct that she assumed the risk of injury. You have a solid case for not paying her. Tell her to stop slandering you, or you will consider filing a lawsuit against her.

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Answered on 8/02/10, 3:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

This is why you have homeowners' or renters' insurance.

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Answered on 8/02/10, 3:13 pm
Rivers Morrell Law Firm of Rivers J. Morrell III

I would notify your insurance company (homeowners or other) just in case. And as the other attorney did mention, you do have a good defense of "Assumption of the Risk". However, you want to to everything to avoid having to defend yourself in a lawsuit, as that can be very expensive, and thus why you should get this to your homeowners insurance. They may not provide you with a defense, however. If you have an umbrella policy they should be notified as well. She may be opening herself up to some litigation by the things that she is doing as well.

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Answered on 8/02/10, 3:54 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Sounds like she assumed the risk. A letter from an attorney may do the trick.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 8/02/10, 5:09 pm


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