Would we be liable if we allowed other boys on our son’s baseball team to use his catcher’s protective gear and they got hurt while wearing it?

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Would we be liable if we allowed other boys on our son’s baseball team to use his catcher’s protective gear and they got hurt while wearing it?

My son is in a community education program through the local school district and a youth baseball league run as a non-profit. In the community education program, no catcher’s gear is provided. In the youth baseball league, they provide gear.

Asked on June 19, 2012 under Personal Injury, Minnesota

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 9 years ago | Contributor

In general, you would not be iiable if another child were to suffer an injury while wearing your son's catchers gear.  Baseball is a sport that carries some risks and it is an accepted fact that a person can be injured while participating in the sport.  This is a risk the player or the minor child's parents assume.  However, if the gear is defective or broken or ill fitting and it could be shown that you were aware the equipment was not in proper working condition and order, you could have some liability.  Also remember, just because you don't have liability, it does not prevent someone from blaming, accusing or sueing you.  People sue for all types of reasons even when they don't have a strong case.  I hope your son enjoys the season!

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

The only way I can see that you would be liable is if the gear was defective and you knew about the defect, and failed to warn of it.  Other than that, I do not see how you would be liable.


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