What to do if my boyfriend joined an intermurals flag football team at school and was hurt?

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What to do if my boyfriend joined an intermurals flag football team at school and was hurt?

Before he joined he had to sign a paper stating that the school was not to be held responsible in the case of an injury. Well at one of his games of flag football, he got tackled twice by the same guy. And the guy tackled him so hard my boyfriend tore his ACL and miniscus. So what I would like to know is if the guy who actually tackled my boyfriend can get sued since he broke the rules of flag football and he caused immense damage. My boyfriend had to get surgery and he doesn’t even have insurance.

Asked on February 14, 2013 under Personal Injury, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your boyfried may be able to sue the person who tackled him. When you participate in a sport, you are normally considered to have "assumed the risk" of the normal injuries common to that sport and cannot sue for the normal injuries that occur even when the sport is played correctly; however, as you correctly point out, tackling is not part of flag football. Therefore, it may be the case that your boyfriend would not be considered to have assumed the risk of being tackled, and also that the other person was at fault by either intentionally seeking to cause injury or by negligently (carelessly) not folowing the rules. This could provide a basis for legal action.


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