My older son was hit in the teeth by another teen and his front tooth died and to fix it many expensive dental procedures are needed. Even though it was an accident during basketball is there any legal action I can take to help alliviate the cost?
2007-02-03 15:00:12 · 9 answers · asked by Dr. Richards 2 in Politics & Government ➔ Law & Ethics
You can sue the teen's family & thier insurance should cover it.
2007-02-03 15:09:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think you may be able to recover under tort law... but unless the dental stuff is really expensive, the cost of litigation will probably exceed the cost that you'd recover from the lawsuit.
In order to be a battery, the other teen must have intended to hit your son, and since you said it was an accident, he probably didn't intend it and it wouldn't be a battery.
You might have a negligence suit. The other teen owes your boy a duty of reasonable care, so if he was acting unreasonably when he hit your son, he may be liable. Unfortunately there are defenses to a negligence suit... since your son was playing basketball, he consented to contact with other players. If the contact was within the normal rules of basketball, it wouldn't be negligence.
The school may be liable because they have a duty to ensure your son's safety while he is at school. However, you probably signed something or otherwise consented to allowing some kind of injuries by allowing him to play basketball. Therefore, if the injury happened within the normal rules of basketball, the school probably doesn't owe you anything.
You can receive the dental expenses and money for your son's pain and suffering that he incurred because of the accident, so I'd consult an attorney to decide whether legal action would be appropriate for your case.
2007-02-03 23:56:42 · answer #2 · answered by kmnmiamisax 7 · 0⤊ 0⤋
Hire an attorney. Most facilities (the gym where the injury occurred) have basic liability insurance. However, if the facility operators did nothing to contribute to the injury AND your son was playing a game in which the type of injury is likely to occur, he may have a difficult time getting any money out of the facility. That would leave the other kid who actually injured him. If the person who caused the injury did so by acting in a reckless manner inconsistent with the normal manner of the game being played, then he may have some liability. Consult a local injury attorney in your area to get to the bottom of this toothy issue.
2007-02-04 12:08:09 · answer #3 · answered by nukehoop 3 · 0⤊ 0⤋
Most states have a legal doctrine called "assumption of the risk" that would very likely bar recovery in this matter. When you engage in a sporting event, you are presumed to know about the risk of injury that could result from your participation. Unless you can show extreme recklessness or an intent to harm, your son is most likely out of luck. Nonetheless, you should consult a local attorney rather than relying on the responses you receive in this forum.
2007-02-04 00:37:32 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
Yes, you can sue the school, school district (unless you signed a waiver specifically for basketballs) or you can sue that particular students parents (they are liable for him) for medical cost, pain and suffering, and loss of wages if any.
I'm not a lawyer so don't take this as legal advice (This is what I recommend for you.)
2007-02-03 23:04:23 · answer #5 · answered by slickny8111 3 · 0⤊ 0⤋
thousands of dollars in dental bills and a buck ninety-five for a mouth guard. do the math. for the younger kids spend seven dollars on the ergonomically correct one
2007-02-03 23:31:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yea. your schools insurance should cover all the costs..(signed the waiver?) or if no waiver was given then get a lawyer and sue for a reasonable ammount.
2007-02-03 23:07:55 · answer #7 · answered by Paul 3 · 0⤊ 0⤋
A little frivolous, don't you think? I hope your know that you are going to alienate your child from many other kids because of that.
2007-02-03 23:05:28 · answer #8 · answered by prole1984 5 · 0⤊ 0⤋
Yes it is becouse samebody have to responsable for that.
2007-02-03 23:09:50 · answer #9 · answered by Teresa M 3 · 0⤊ 0⤋