Injury to 15 year old daughter during softball game

[CKMBDavis2265]

What is the name of your state (only U.S. law)? North Carolina
My 15 year old daughter suffered a concussion during a softball game for our town's Parks & Rec league. She was in the dugout. The pitcher was outside of the dugout warming up when a wild pitch tipped off the catcher's glove, bounced off of a pole, and came through part of the dugout that was not enclosed, striking her in the back of the head.

She has suffered minor vision change, and has suffered academically due to having to drop her honors classes because of headaches and strain from homework and studying. There have been multiple visits to doctors, concussion specialists, and neurologists.

Is the city liable for any portion of our medical costs, possibly due to the dugout not being fully enclosed, or other reasons?

Thanks in advance!

 

[ecmst12]

What does the waiver that you signed before allowing her to participate say?

It really sounds like a freak accident, not anything related to negligence.

 

[You Are Guilty]

You'll want to google up "assumption of risk". That will explain why the city will almost certainly not voluntarily offer to pay any of the medical expenses.

 

[CKMBDavis2265]

15 year old injured during softball game

I don't have the waiver in front of me, but I'm pretty sure it does state that the city is not responsible for any injuries, accidents, etc. Likewise, it was definitely a freak accident - I've never denied that.

I was just curious as to whether the fact that the dugout was not fully enclosed would be just cause to seek some type of reimbursement of some of my co-pays and whatnot (although I pretty much knew the answer).

I appreciate your input, and have a great day!

 

[Banned_Princess]

I don't have the waiver in front of me, but I'm pretty sure it does state that the city is not responsible for any injuries, accidents, etc. Likewise, it was definitely a freak accident - I've never denied that.

I was just curious as to whether the fact that the dugout was not fully enclosed would be just cause to seek some type of reimbursement of some of my co-pays and whatnot (although I pretty much knew the answer).

I appreciate your input, and have a great day!

I have never seen a "fully inclosed" dugout. behind the fence sure, but those are the kinds that dont have a roof.

 

[HomeGuru]

I have never seen a "fully inclosed" dugout. behind the fence sure, but those are the kinds that dont have a roof.

**A: and if it were fully enclosed there would be a hard time getting the hot dogs in.

 

[CKMBDavis2265]

The dugout is wide open on one side, and had an opening leading to the field (obviously). The accident occurred on the opposite side of the dugout which was enclosed except for a small opening that wrapped around the perimeter of the dugout. Kind of hard to explain, really.

It was probably a one in a million shot how the ball skimmed off of a catcher's glove from outside of the dugout, ricocheted off of a pole back into the dugout, then beaned my kid in the head. The most ironic part is that she was actually hunched over and in the process of grabbing her helmet when the accident happened. She never saw it coming.

 

[davew128]

Rules #1 of playing recreational baseball/softball is keep your eyes open and pay attention to whats happening.

 

[justalayman]

were the catcher and pitcher warming up in a designated area designed for that purpose? If not, then the town has another defense: the field was not being used as designed and that is what caused the problem.