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- Path: sparky!uunet!ogicse!news.u.washington.edu!news.uoregon.edu!oregon.uoregon.edu!dreitman
- From: dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be)
- Newsgroups: pnw.general
- Subject: Re: just when you thought you had heard it all
- Message-ID: <21DEC199215003083@oregon.uoregon.edu>
- Date: 21 Dec 92 23:00:00 GMT
- Article-I.D.: oregon.21DEC199215003083
- References: <MS-C.724879834.377401575.mrc@Ikkoku-Kan.Panda.COM>
- Distribution: world
- Organization: University of Oregon
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-
- In article <MS-C.724879834.377401575.mrc@Ikkoku-Kan.Panda.COM>,
- Mark Crispin <mrc@Ikkoku-Kan.Panda.COM> writes...
- >It seems that a girl[*] made it into her high school's football program. I
- >believe she played fullback, although I'm not sure. During a game, she got
- >hit and seriously injured; subsequent surgery was necessary to remove her
- >spleen and a kidney.
- >
- >She is now suing the school district for megabucks on the grounds that the
- >school's athletic program failed to disclose to her that football is a sport
- >in which you can get seriously injured.
-
- Well, the courts are generally reluctant to impose liability for negligence in
- recreational sports cases; most states require reckless behavior. The facts
- here, on the other hand, may be distinguished as an ordinary failure to warn.
- Even then, assumption of risk would probably be an adequate defense (spectators
- are generally considered to assume risk of injury at sproting events, so why
- not players?)
-
- What this plaintiff will probably need to prove:
- 1. That the case is an ordinary failure to warn and that therefore she can
- collect if the district was merely negligent.
- 2. That the district's servant (presumably the coach) did fail to warn.
- 3. That she (or the reasonable high-schooler) would not have been aware of
- the danger beforehand.
- 4. That she (or the reasonable high-schooler) would not have played had
- she been properly warned.
- 5. That her playing was the cause of the injury.
- 6. That her injury was reasonably foreseeable as a result of the failure
- to warn (in a general sense).
- 7. That she suffered damages.
-
- Probable defenses:
- 1. Assumption of risk.
- 2. Intervening (mis)conduct by another party.
- 3. Contributory negligence.
-
- Of course, I'm not licensed to practice, but this is basic tort law. As you
- can see, the plaintiff may, at first glance, have some trouble with this case.
-
- >I wonder, with the current push to get homosexuals into the military and to
- >get women into combat duty, if we will see similar lawsuits about failure to
- >disclose that combat is an activity in which you can get seriously injured,
- >maimed for life, or killed?
-
- Probably not. Sovereign immunity would apply, as combat is almost always in
- connection with government policy.
-
- Dan, ad nauseum
- Daniel Reitman
- DReitman@Oregon.UOregon.Edu
-