Legal Question in Personal Injury in California

Football injury

My son was injured at football practice on July 10, 2002. His coach was having the players do tackling drills with no helmets or pads (the rules say no live tackling). My son broke his nose and had a concussion. To this day he still is seeing the doctor's for post concussion syndrome. we have filed a law suit, but our attorney wants to drop it. Can you help?


Asked on 4/06/04, 4:00 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Football injury

I'd be happy to take a look at what your attorney has done so far. Typically, the defense will argue that you and your son assumed the risk, because football is known to cause injuries. Nevertheless, if the school's requirement is that they wear helmets and padding, and the coach broke those rules, the coach and, perhaps, the school district might be liable. Please give me a call at (310) 858-9771 if you wish to discuss this further.

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Answered on 4/08/04, 5:23 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Football injury

I'd look at the case. You may contact me. Why does he want to drop the case?

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Answered on 4/08/04, 6:19 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Football injury

Hello. I have handled these precise types of cases against school districts in Colton, San Bernardino, and Los Angeles. Your attorney probably wants to drop the case because he is fearful of something called the doctrine of "Primary Assumption of Risk." This doctrine basically means that if you are involved in a dangerous activity or sport, and get injured in a way which you could have been injured, notwithstanding negligence, you are deemed to have assumed that risk, and there is no liability on the part of the tortfeasor or defendant. In other words the defendant could bring whats called a Motion for a Summary Judgment, where the Judge will decide the issue. I recently got a minor $15,000.00 dollars in a settlement with a school district, for a sprained ankle suffered by my minor client while he was playing softball at school, and where they were using a hole for second base, notwithstanding the doctrine described above. What it comes down to is having a good lawyer to do your case. With that being said, I would be happy to give you a free consultation over the phone to discuss your options and determine if this is a case I would take on. My cell is 818-427-6246.

Thanks,

Norm

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Answered on 4/08/04, 10:30 pm


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