I'm a high school student and one of my front teeth was kicked off by another guy when we played soccer. Truly, it was a accident, and my family spent 2000 for my tooth. But do you think that that guy should pay me at least half or something? Or he can be excused just because it was an accident?
2006-10-18 13:15:44 · 16 answers · asked by Ann 1 in Politics & Government ➔ Law & Ethics
Considering it happened during a sporting event, as a natural consequence of playing the sport, you'd probably have a difficult time getting money from the other guy as a matter of law. Typically in athletic situations, a court will not award damages for an injury received during a sporting event because the injured player is to have assumed the risk of the injury.
A person assumes a risk where they "knowingly and voluntarily proceed in the face of a risk that is known and appreciated." If a court finds "assumption of risk", the plaintiff is generally barred from recovery.
So, to answer your question:
Under the law, the guy is probably off the hook because the injury was not intentional and it was a forseeable injury from playing soccer.
However, if I had kicked out someone's front tooth, even accidently, I would probably offer to pay half just because I felt bad. Have you talked to him or his parents? They may be willing to chip in some money out of moral principle rather than legal principle.
Good luck.
2006-10-18 13:28:01 · answer #1 · answered by dasvidas 3 · 1⤊ 0⤋
I am so sorry about your tooth, but no, he is not responsible, and has no legal right to pay for an accident. You can try taking him to court, but you will waste your parent's money. You engaged in a fair sport and should have known the consequences, as he should have. A nice thing for him to do would be to offer to pay half, but no law will stand up to your claim. Maybe his family doesn't have very much money, and can't pay, or they have money but are just not into doing what is right. Do you know the answer to this? Anytime you play a legal sport willingly, you need to understand that stuff happens through the fault of no one, and take the consequences of your actions, not just in sports, but everything. He is not responsible for your tooth being kicked out, but if he can help pay, that would be nice, and the right thing to do but not required. If you had kicked out his tooth, would you be begging to pay for it, or your parent's, or would you say I didn't do it on purpose? Ask yourself these things, and come to a reasonable answer. I hope you feel better, and next time watch where you put your mouth while playing soccer, silly! You're fine, and I bet your girlfriend is all over you now saying "Poor Baby!" Take care, now.
2006-10-18 13:37:45 · answer #2 · answered by xenypoo 4 · 0⤊ 0⤋
Did you lose the tooth in the normal course of the game? In other words, were you going for a ball or doing something else that would be normal for the game of soccer?
Unless the other guy did something outrageous, like walk up to you during a timeout and kick your tooth out, then you're not going to recover any damages from him.
The idea is that you assumed a certain level of risk when you stepped on the field because playing soccer comes with some risk of injury.
2006-10-18 13:24:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Legally Speaking...
If you were to ask for damages it SHOULD be the school or whatever institute you were playing for, because they have a DUTY OF CARE. This is MAINLY because it was an accident, and the law looks at things from the facts.
You could ask this guy to pay you half or something, perhaps discussing the matter between both parents. However, I can be CERTAIN and CONFIDENT that you cannot force him to pay by way of law; it can be assumed by playing soccer with you that he did fulfill the reasonable amount of care.
2006-10-18 14:01:20 · answer #4 · answered by vhy 2 · 0⤊ 0⤋
I watch a three one year outdated and that i fee $4 an hour in spite of the indisputable fact that this is not any longer for in one day. however the fee relies upon on some issues Does she might desire to supply her a bathtub and placed pj's on? Does your toddler sleep contained in the direction of the night? Will she might desire to feed the toddler? If particular to those questions or a No to #2 then i say a minimum of $6 an hour. the main i might pay is $8 an hour.
2016-12-16 10:00:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Each state has different laws with this. In my state if I play hockey for a school team, I would probably sign a waiver and I would be playing at my own risks. If it was a mistake in the game, I wouldn't have much legal standing in my state. However, if he attacked me and over abused a rule in the game which was not part of the game, than I may have legal standing. My advice is don't sue over everything. I would probably let it go.
2006-10-18 13:25:07 · answer #6 · answered by Ted B 1 · 1⤊ 0⤋
He is and as well should be exempt! Your playing a sport, your a willing participant on a field with competitors. If we could all go around suing for people that get hurt on the field of play, there would be no school sports, college or anything. The thought of taking this guy to court is completely ridiculous, and any judge in this nation should find it the same way.
2006-10-18 13:19:42 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Most of the above are correct. If the tables were turned, would you expect to pay a portion of the bill? Yes, it would be nice, even honorable if they did offer, but don't hold your breath.
Enjoy the sport and the game!
The Ol' Sasquatch Ü
2006-10-18 13:33:24 · answer #8 · answered by Ol' Sasquatch 5 · 0⤊ 0⤋
It would be nice if his family offered to pay half. But when you play a game where you can be injured you probably know the risks beforehand.
2006-10-18 13:24:14 · answer #9 · answered by papricka w 5 · 1⤊ 1⤋
HE is not at fault and should not have to pay, however nice and classy people would definetly at least, offer to pay for half of the damage.
2006-10-18 13:25:26 · answer #10 · answered by a.j. 5 · 0⤊ 1⤋