Can I sue my University for Neglect?
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Can I sue my University for Neglect?
I am a Freshman at a University in Denver. I
was also on the club cheerleading team.
During practice, I obtained a severe head injury
and was forced to keep practicing. I am still re
learning to read write and speak correctly.
Waivers were given out at tryouts. I was a
video tryout and never received a waiver or
signed one. Are they legally responsible for my
injury? Can this make them pay for my medical
bills? Can I sue?
Asked on February 5, 2019 under Personal Injury, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you were injured due to the coach having you due an unreasonably unsafe routine, the university might be liable; otherwise, however, they would not be. 1) Cheerleading is inherently dangerous; they are not liable for injuries unless it was specifically due to their staff's negligence. 2) They are not responsible for you being "forced to keep practicing" and any effects that had, since you could have refused to practice: you chose to keep practicing rather than risk being suspended from or thrown off the team, but they are not responsible or liable for your decision in that regard.
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