Diving Accidnet: Back / Neck Injury @ School

#1 08-30-2001, 10:50 PM

Location: Kokomo, IN

On October 4, 2000 at school in swimming class we were to perform various dives and would then be tested on skill. One particular dive, a "back dive" was done and resulted in injury. I have had chronic back and neck pain since the dive and I've seen the doctor on numerous occasions. Im now seeing a physitrist who says the problem may be a hairline spinal fracture (which doesnt really ever heal). He also said that whether it be a fracture or not, the pain may persist for a while longer and then stop, or it could be on-going forever. The problem is a direct result of the performed mandatory dive. The problem has persisted for 11 months and shows no signs of returning to normal. It happened just before my 16th b-day and I will now be 17. This may very well continue the rest of my life. So, what legal right do I have since the dive was mandatory @ school? Am I right to file a lawsuit against the school for damages incurred thus far and future complications? I'd like to know what you think before I contact an attorney.

Thanks, Justin
Kokomo, IN

#2 08-31-2001, 07:40 PM

well you could certainly try but ever heard of the term "assumption of risk"? You assumed the risk.

Try [url]www.attorneypages.com[/url] and talk to a personal injury atty in your state.

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i am a law school graduate and former comptetitive swimmer. What I offer is mere information, not to be construed as forming an attorney client relationship.

JETX · #3 08-31-2001, 08:03 PM

I agree with lawrat, you need to talk with an attorney.

But, you have a couple of problems that would need to be resolved....
1) How do you PROVE that the claimed injury was sustained as a result of the 'mandatory' dive??
2) You (and your parents) very probably signed some type of release before starting the sport. This may limit your rights.
3) Most school districts require that the student carry insurance for extracurricular sports. Does yours??? If so, what did YOUR insurance company say??
4) I would have to question your claim of this being a 'mandatory' dive, especially if it were inherently dangerous.
5) The school can't be held liable if this was truly an accident. You would have to claim that there was some negligence involved on the part of the school. Assuming that no one else was injured in doing this same dive, probably at the same time, how was the school negligent?

In closing, these are some of the issues that would probably come up in this case. If you feel that the school could be liable, then certainly contact a competent attorney in your area.