Legal Question in Personal Injury in Virginia

Possibly. It is never easy because a person is responsible for injury only if they act either INTENTIONALLY to cause damage or NEGLIGENTLY.

So the question of whether the use of the deepheat pack -- presumably too hot or not being used propertly -- was "negligent." This is not an automatic or general rule. This requires knowing all the facts exactly. And even then it will be in the eyes of the judge or jury (if there is a jury).

So yes it is quite possible that they would be found "negligent" because presumably the proper use of the deepheat pack would not cause a burn. But it would be in the opinion of the jury if it went to court.

As for permission by the parent, I don't know if this woudl qualify as medical treatment as opposed to being a regular part of the sports program. But it would certainly help your case.

However, the problem with this kind of lawsuit is figuring out what kind of damages you can collect. If you were to demand money, how much would you demand? Medical expenses, certainly. Any out of pocket costs, of course. But what would you say you have "lost?" You would have to state that in financial terms to file a lawsuit. You can claim something for pain and suffering IF you can prove actual physical injury. Here, you probably could prove that, but do you have any photographs or doctor's visits about the burn?

If you would like to check into it, an attorney like myself could give you a free consultation to look at the facts and see if we could make a demand on the school. They might very well ignore it. It might require a small lawsuit to get them to take it seriously.