Waiver not signed
Get Legal Help Today
Secured with SHA-256 Encryption
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
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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.