The litigation of sports and physical education class injuries is a technical and complex field. It is important that individuals understand that not all injuries that occur in sports and physical education classes are “accidents.” There are obviously certain risks that one assumes when choosing to participate in a certain activity. However, often times the risks associated with an activity are increased due to the negligence of others. The choice to participate, as opposed to a mandatory activity, is also an important factor in determining the assumed liability.
The person entrusted with supervising the activity has certain duties and responsibilities that must be adhered to. Often times children and students are not provided with proper instructions, materials, equipment, or supervision, which can lead to injuries which otherwise may not have occurred. Other times the activity may not be appropriate for the age of the student.
$175,000.00 AWARD TO INJURED HIGH SCHOOL FOOTBALL PLAYER
Keegan & Keegan, Ross & Rosner recently obtained a sizable award for a high school football player who injured his neck when he hit an opposing player while playing high school football. Several other attorneys never imagined that the true cause of the injury could have been the negligence of the coaching staff. In litigating the case we were able to determine that the player had suffered similar injuries, albeit not as severe, on a minimum of four to five occasions prior to the ultimate injury, which required surgical intervention. Prior injuries had been reported to the coaching staff, yet the student’s parents were never informed. Further, the player was allowed to resume play without proper medical clearance. The actions, or in this case inactions, of the coaching staff clearly subjected the player to a heightened risk of injury which he did not assume.
This case is only one example of numerous cases we have litigated in this field. There are strict time limitations that can come into play with litigation of sports and physical education injuries. Some are as short as 90 days. It is therefore important that people seek legal representation promptly to avoid unnecessary delays and to avoid losing a claim for compensation to which you or someone you care for would otherwise have been entitled
Things are not always as they appear; we are proud to say that thorough investigation and vigorous litigation are among the hallmarks that have made our firm’s reputation well known for over 50 years in Suffolk County and beyond. That reputation brought that student’s parents to our office and made the difference in his ability to recover what was just compensation for his injury.
Feel free to call for a free consultation.
Keegan & Keegan, Ross & Rosner, LLP
147 N. Ocean Avenue
Patchogue, New York 11772