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  #1  
Old 10-11-2009, 11:07 PM
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Join Date: Oct 2009
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Injured at College...what should I do?


What is the name of your state (only U.S. law)?
-New Jersey

As far as the injury is concerned, the injury was sustained on campus during a sanctioned school activity. I suffered a concussion (in which I blacked out on impact for 10 seconds), a strained and bruised left shoulder, and a hairline fracture in my jaw. I have no memory of what happened. I'm also trying out for a sport as well and run the risk of getting cut b/c of this injury. The doctors have instructed me not to return until my symptoms are gone. I'm seeking advice from anyone who has any experience with a situation as complex as this. I'm very concerned b/c the activity I was involved in was dangerous, yet was still approved by a college committee. I need to know who is liable and how I can seek the right action in order to settle this ordeal. I'm very lucky to not be paralyzed, not have a broken neck...and overall, to still be alive.

I was duct taped to a desk chair, and was in a desk chair race. My arms and legs were bound. The only thing free was my neck and head. According to the rules by the housing association.....the person pushing the chair must have a brown bag over his/her head, while the person taped to the chair help steer, by saying left or right. The first group to get to the middle part of the the hall way, wins the event. I didn't get 10 feet before I fell. The momentum of moving forward while being pushed in the chair and the top heavy chair caused me to fall forward. I fell struck my temple on the cinderblock wall and apparently hit my head again on the floor (after I blacked out). I was picked up and we finished the race, but I don't remember. After my head struck the wall the first time....I saw black.

I have post concussion syndrome now and I'm not sure how my injuries will affect me in the future. If anyone has any advice on how I should proceed with approaching this situation it would be greatly appreciated.

There are several witnesses and may be more that I'm not aware of. The security cameras in the hallway have recorded the accident as well....as they are always in operation, too.
  #2  
Old 10-11-2009, 11:23 PM
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Join Date: Dec 2007
Location: Thebes
Posts: 7,762
Quote:
Originally Posted by GameShark77 View Post
What is the name of your state (only U.S. law)?
-New Jersey

As far as the injury is concerned, the injury was sustained on campus during a sanctioned school activity. I suffered a concussion (in which I blacked out on impact for 10 seconds), a strained and bruised left shoulder, and a hairline fracture in my jaw. I have no memory of what happened. I'm also trying out for a sport as well and run the risk of getting cut b/c of this injury. The doctors have instructed me not to return until my symptoms are gone. I'm seeking advice from anyone who has any experience with a situation as complex as this. I'm very concerned b/c the activity I was involved in was dangerous, yet was still approved by a college committee. I need to know who is liable and how I can seek the right action in order to settle this ordeal. I'm very lucky to not be paralyzed, not have a broken neck...and overall, to still be alive.

I was duct taped to a desk chair, and was in a desk chair race. My arms and legs were bound. The only thing free was my neck and head. According to the rules by the housing association.....the person pushing the chair must have a brown bag over his/her head, while the person taped to the chair help steer, by saying left or right. The first group to get to the middle part of the the hall way, wins the event. I didn't get 10 feet before I fell. The momentum of moving forward while being pushed in the chair and the top heavy chair caused me to fall forward. I fell struck my temple on the cinderblock wall and apparently hit my head again on the floor (after I blacked out). I was picked up and we finished the race, but I don't remember. After my head struck the wall the first time....I saw black.

I have post concussion syndrome now and I'm not sure how my injuries will affect me in the future. If anyone has any advice on how I should proceed with approaching this situation it would be greatly appreciated.

There are several witnesses and may be more that I'm not aware of. The security cameras in the hallway have recorded the accident as well....as they are always in operation, too.
A school sanctioned activity - you have got to be kidding
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  #3  
Old 10-12-2009, 02:24 AM
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Location: Utah
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This sounds like the type of activity that may take place Christmas eve at an office party when a drunk guy yells "I have an idea!" What kind of moron tells a bunch of college kids to do something this idiotic?
  #4  
Old 10-12-2009, 08:15 AM
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Sounds like stupid frat tricks to me. You consented to the OBVIOUSLY dangerous and stupid activity, so you are liable for your own injuries. Your concussion will get better in about 6-8 weeks, all you can do is wait. You have NO legal recourse for your own bad decision making skills. Google "assumption of risk".
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  #5  
Old 10-12-2009, 02:37 PM
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Quote:
Originally Posted by ecmst12 View Post
Sounds like stupid frat tricks to me. You consented to the OBVIOUSLY dangerous and stupid activity, so you are liable for your own injuries. Your concussion will get better in about 6-8 weeks, all you can do is wait. You have NO legal recourse for your own bad decision making skills. Google "assumption of risk".
Thank you for being so self righteous. I asked for advice and all I got was a pessimistic viewpoint, which sounds more like animosity than anything else.
  #6  
Old 10-12-2009, 02:42 PM
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Posts: 24,435
Sounds to me like the OP is trying to frame the question so that he gets the answer he wants.
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Right. That is a statute... just as I'd presumed.

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  #7  
Old 10-12-2009, 02:53 PM
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Location: New Vertiform City
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Whoah


Quote:
Originally Posted by ecmst12 View Post
Sounds like stupid frat tricks to me. You consented to the OBVIOUSLY dangerous and stupid activity, so you are liable for your own injuries. Your concussion will get better in about 6-8 weeks, all you can do is wait. You have NO legal recourse for your own bad decision making skills. Google "assumption of risk".
'Stupid frat tricks' does not mean the university has no liability.

For one, the number of schools were fraternity housing IS university housing is significant.

The poster does say "Housing Association"

Jumping off a bridge might be stupid, but when a learning institution holds "jumping off a bridge day" the balance of liability is clearly shifted more than your denunciation of 'frat antics' suggests... which is besides the point that universities DO get held liable for frat and student behavior far more egregious than a blind race
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  #8  
Old 10-12-2009, 02:54 PM
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At least we avoided saying it the way it may be worded to our own children. If my daughter called me and told me the story you told I'd call her an idiot. I'd tell her I know she's not that stupid so she should stop acting like she is. I'd also tell her that her insurance will cover her medical bills and beyond that to suck it up, deal with any illness or injury as a result and expect to have any allowance cut off if her grades drop as a result.

(But no one here really thought you wanted to hear that so everyone was as nice as possible.)
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