Waiver not signed

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Waiver not signed

We did not sign the school sports waiver as is policy and my
son later was injured while practicing. Do we have a case?

Asked on September 7, 2016 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends: was he injured due to the negligence of the coach(es), such as in how they supervised other students or ran drills, or due to faulty equipment at the school? If the school was at fault, you can likely sue (but remember: only for actual out-of-pocket medical costs and, if he suffered significant disability or impairment lasting months or more, some amount for pain and suffering). But if the school was not at fault--e.g. the equipment was sound; the coach did nothing wrong--and you son simply was injured because sometimes people get hurt playing sports, you can't sue (or more accurately: you can file a suilt, but you'll lose), since liability for injuries depends on fault. Without fault, there is no liability.


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