My granddaughter is in the 7th grade, last weak the Teacher had the kids play soccer but did not issue any shin guards for the kids, a fellow student ran into my granddaughter and broke her leg bone (tibia-broken, fibula-bent)she is in a cast but the doctor said she might need some surgery if the leg dose not heal proper. I was wondering if the school is liable for her medical expenses or does my son have a case?
Answer
I think it would benefit you to speak with a personal injury attorney to better evaluate the situation.
There are a number of things to be aware of, including
(A) California Government Tort Claims Act
(B) Assumption of Risk
(C) Case Against the Other Child
(A) California Government Tort Claims Act - bringing a lawsuit against a school puts you in a unique situation, because the plaintiff is required to bring a governmental claim within 6 months of the incident.
(B) Assumption of Risk - whenever someone engages in a sports activity, they are said to have assumed the usual risks of that sport. Take a look at the case of Knight v. Jewett, 3 Cal.4th 296 (1992).
Here's a link to the case:
http://scholar.google.com/scholar_case?case=7043869928531949845&q=knight+jewett&hl=en&as_sdt=2,5
(C) Liability of the other child that caused the injuries should also be evaluated.
Best of luck to you!
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