Legal Question in Personal Injury in California

My son was hurt during his PE class at school. They were playing football, he and another student collided, he fell to the ground and was knocked unconscious. When he came to, he could not answer simple questions and the paramedics determined he needed to be taken by ambulance to a nearby hospital for an MRI. There was no permanent damage, but he has a level 3 concussion. Is the school responsible for the medical bills since the accident happened during a class on school grounds?

Asked on 5/29/16, 12:47 pm

4 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

I am sorry that your son suffered an injury, yet, I am glad he is okay.

I am not sure whether or not the school would be liable, but probably not. My question to you is, would you like to end PE / football program for all other kids behind your son?

Unless there was some sort of defect found in the helmet, or elsewhere which led to your sons injury, I would suggest you drop the idea of suing the school since you and your son understood the risks in injury, but decided to temp the risks anyway.

This is only my opinion, and I encourage you to consult with another attorney for a second opinion.

Good luck.

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Answered on 5/29/16, 1:00 pm
Robert Worth Robert J. Worth , Professional Law Corporation

There actually could be possible liability depending on the lack of proper supervision and instruction during this class physical activity. (See Panama Buena Vista Union School District case on negligent supervision).

I successfully represented a boy who suffered a broken arm when he was assaulted by three other schoolmates after school but on school property and the district settled. I argued it was liable for lack of supervision. But there are no guarantees. I hope this helps. Bob Worth (818) 222-2444

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Answered on 5/29/16, 1:42 pm
Armen Tashjian Law Offices of Armen M. Tashjian

I completely agree with Mr. Lupoff. These types of injuries are inherent in football. You and your son assumed the risk. There is no case here.

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Answered on 5/29/16, 1:43 pm
Robert Worth Robert J. Worth , Professional Law Corporation

My corrected phone #: (818) 222-2433. Bob Worth

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Answered on 5/29/16, 1:44 pm

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