School ignored its own policy/contract, caused my son to get hurt

I am located in Arkansas.

The school that my son goes to has a policy that if you miss a single class on the same day that a ball game is scheduled, that you are not allowed to play in that game.

My son missed all of the morning classes on the day of the game. He had to have dental work done that morning.

He is one of their star players. They wanted him to play in an afternoon game, going against their own policy, because they wanted to strengthen their chances of winning the game.

He was taken by ambulance from the game to a special hospital in our state's capital for emergency surgery. He had broken both bones (radius and ulna) in his left forearm. The cast is off and the bone specialist said that he might get 90% use of his arm back. It is bowed, an obvious deformity due to the injury.

He has played baseball since he was 5 years old, and has been on baseball teams every year while in school and is very active in many sports. His dream has always been to play pro baseball. He will be 18 years old in August. All of these years of planning to play pro ball for nothing.

I would like to know if the school is liable for his injury...meaning is there some form of compensation that they owe my son for the career in baseball that he will not have because of his injury?

Thanks,
Kay_D

Kay_D said:

I am located in Arkansas.

The school that my son goes to has a policy that if you miss a single class on the same day that a ball game is scheduled, that you are not allowed to play in that game.

My son missed all of the morning classes on the day of the game. He had to have dental work done that morning.

He is one of their star players. They wanted him to play in an afternoon game, going against their own policy, because they wanted to strengthen their chances of winning the game.

He was taken by ambulance from the game to a special hospital in our state's capital for emergency surgery. He had broken both bones (radius and ulna) in his left forearm. The cast is off and the bone specialist said that he might get 90% use of his arm back. It is bowed, an obvious deformity due to the injury.

He has played baseball since he was 5 years old, and has been on baseball teams every year while in school and is very active in many sports. His dream has always been to play pro baseball. He will be 18 years old in August. All of these years of planning to play pro ball for nothing.

I would like to know if the school is liable for his injury...meaning is there some form of compensation that they owe my son for the career in baseball that he will not have because of his injury?

Thanks,
Kay_D

Click to expand...

My response:

There is no legal "nexus" between the school "bending" it's own rules, and the fact of your son's injuries. The fact remains that your son was already a member of the Team, and even though he missed his morning classes, that had nothing to do with him suffering a sport related injury. Theoretically, the injury could have occurred at any given game; it was mere coincidence that the injury occurred on a day that he missed his morning classes. Also, those are the school's rules, and the school has every right to suspend it's own rules. Lastly on this part of your issue, your son was away from school for medical treatment - - a very good reason to miss classes. The rule was obviously put into effect to curb unexcused absenses or truancy, and to instill responsibility into it's students.

As for the sports injury itself, since it happened during a game, and unless someone "increased" the known dangers of that particular sport, then his injuries are not compensable. As a member of the Team, and with your permission to play for the Team, you and he both knew that there were certain dangers or risks associated with the sport of baseball. You both accepted those dangers and risks. For example, you and he knew that "sliding into second base" could, in fact, cause physical injury, and that sliding into second base is a normal part of the sport of baseball.

Sorry, but I don't believe you and your son could obtain any compensation on any legal theory, unless someone created a condition that "increased the risk of danger" that is otherwise inherent to the sport.

If people could sue for injuries suffered in sporting events, that would place a "chilling effect" on playing sports, and would lead to the end of such sporting games by schools.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 01-23-2001 at 05:58 PM]

Instead of wallowing in self pity you might try an intense regime of physical therapy, such as weight training , see Todd stotlemeyer and torn rotator cuff , no surgury and is throwing 90 mph fastballs, through weight training.