Legal Question in Personal Injury in Arizona

Injury while playing in a softball game

If someone is playing in a softball game and slides into second base to break up a double play and the person throwing the ball breaks her leg, can she be sued.

A friend of mine thinks this might happen to her, I wasn't there so I don't have all the facts but she did get thrown out of the game after the coach of the other team yelled /complained to the umpire. There was only one umpire in the game, the home plate umpire whom I would think was watching the play at first.

What are the chances of something like this going to court and if she is sued what can she do, she does not have a lot of money, in fact she owns nothing.

If she is sued how much can she be sued for?


Asked on 12/19/97, 2:46 pm

2 Answers from Attorneys

Benjamin Glass Law Offices Benjamin W. Glass & Associates

sued for softball

there have been instances where recoveries for sportsinjuries have taken place. Generally, the conduct must besubstantially beyond the "accepted" conduct for thatsport and that level of participant. IE, a high school gamemay be more physical than an over 40 game. The casesare generally difficult to prove since "force" is so subjective.Your friend can be sued for any amount--but that's not the questionThe question you want to ask is what is the case worth. One wouldneed to know the full details of the injury. Will she be sued?Hard to say. Most attorneys won't take that kindof case without (1) strong evidence of conduct which is way out of line(video? for example) and (2) evidence of a deep pocket in terms of insurance.

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Answered on 12/20/97, 9:07 am
William Marvin Cohen, Placitella & Roth, P.C.

Softball injury

Two points generally; I don't know about Arizona law.

First, most states follow a rule that when adults participate in recreational sports, they assume a certain amount of risk of injury. Whatever the exact form of the doctrine, the effect usually is that someone cannot SUCCESSFULLY be sued unless they were reckless or intended to hurt the other; mere negligence isn't enough.

Second, since it's still possible to be sued, even if she'll win in the end, your friend should notify her homeowners insurer if she has one, I hope. That insurance will provide a defense and coverage for the claim in most circumstances.

It's impossible to make any estimate of the chances of being sued. And the amount which might be demanded in such a suit doesn't have much to do with the amount of eventual recovery.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 12/22/97, 10:14 am


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