Legal Question in Legal Ethics in North Carolina

Negiligence and a Coach's legal Duties

At the this kid was 14 or 15 years old on an outing with theschool basketball team some 4 hours aways or more. Before these sports start parents sign forms to give the coach the ok in case of injury to get medical care. Will this kid was playing ball went to the floor after a loose ball another kid fell on his head his head hit the floor causing a lacration acoss his lid busted his lower lip wide open and punch a hole though just below his lower lip. This was about 2 or 3 o'clock in the afternoon all they did was put ice on it one of the coahes told the head coach the kid needed stitches but they did nothing for him. They finish the game stop at a mall got something to eat, then came home returning about 10 or 10:30 that night, when I saw him his face puffed up eyelid spilt open lip busted open and the coach said he may need some stitches. I rushed him to the hospital the doctor said we almost waited to late I guess to have it heel up right. To this day the coach has never said why he never took him to the hospital. I know time has past but this kid still have a case , is there a statue that allow this. and is the school liable too.


Asked on 3/12/03, 11:57 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Negiligence and a Coach's legal Duties

Those are some complex questions. In general, the coach may have some responsibility here. He was in essence in the place of the parent ("in loco parentis"), and may have had a duty to provide medical treatment for your child. This raises in part issues of whether his actions were "reasonable" based on how serious he perceived the injuries to be. If, however, he acted unreasonably, and if you child sustained injury because of this, the child could have a legal claim against the Coach, and perhaps against the School Board (or County) also, but technically speaking this would raises issues of immunity and insurance coverage. I also do not have enough facts to assess the timing issue. AS a general matter, be advised that the child's claim would not begin to "run" or "accrue" until he reaches the age of majority, or 18 years old, at which time he might have 2 years in which to institute suit. (The parent's claim for medical expenses, however, might be time-barred.)

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Answered on 3/12/03, 9:08 pm


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