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Injured High School Athlete

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A

Athletic Dir

Guest
I am athletic director at a high school. We have a student who got hurt playing in one of our interscholastic football games. The team doctor after reading the x-rays ruled the athlete out for 4 weeks. He has a fracture in the lower part of his index finger. The doctor mentioned that further injury could cause the finger increased damage and surgery would be needed.

Within the week we receive a documented letter from the boys parents waiving us of all liability. They want their son to play football now. They are asking the trainer to tape up the hand and make it legal by game official standards. They were very clear in the letter that they would not sue or have us liable if any further injury would happen to the finger.

My question is: "Are we still liable if this young man should aggravate his injured finger and possibly have permanent damage? Could the parent come back and later sue, even if we have the waiver of liability letter from the parent?"

The team doctor and trainer do not endorse this action by the parent. They go on file saying they do not agree with this. The coach just wants the kid to play. Please respond.

Athletic Director
 


I AM ALWAYS LIABLE

Senior Member
My response:

Since the athlete is a minor, and you as a representative of the school, including the school district, stand in the shoes of the parents (In Loco Parentes) and MUST always keep the best interests of the minor paramount to anything else, you and the coach would be playing a "fools game of Russian Roulette" if you, the parents, or the coach, countermand a doctor's opinion.

If the kid gets hurt, try explaining your decision to a judge. I can just see the finger-pointing now.

There is NO game so important as to disregard a doctor's opinion, and to neglect your duties "In Loco Parentes".

Oh, and let's not forget about the kid, himself, and his rights. Even if he wanted to play, he's a minor who depends upon the decisions of adults (In Loco Parentes). So, let's assume you accept the parents' waiver and you allow the kid to play. Doing so does NOT vitiate the kid's separate rights against all of you. You can't get a lawful waiver from the kid because he's a minor. So, if the kid got hurt with the same finger, I'd pack my bags if I were you - - along with the coach, and the school board.

If the kid got hurt again, I'd love to be the attorney representing the parents and the kid against all of you. Cha Ching !

IAAL
 
Last edited:

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