If you live in California, or watch the news, you’ve probably heard about the coach who is suing his little league player for negligence. The coach was injured when a stray batting helmet struck his lower leg, specifically his achilles tendon. The helmet, which was tossed in celebration of the team scoring the winning run, allegedly struck the coach, causing him ‘severe injury’ in the form of a ruptured achilles tendon. In California, a plaintiff can sue a person or business for injuries by negligent or unlawful behavior.
The coach has filed a lawsuit against the boy and his parents claiming over $500,000 in pain and suffering, as well as additional damages for lost wages and medical expenses. Claiming that the boy’s behavior “crossed the line” of harmless fun, the coach has claimed significant damage can be – and was – caused by the batting helmet, which can weigh up to two pounds.
To be successful in his negligence claim against the boy’s parents, the coach will have to show that the parents were themselves negligent in either failing to supervise their son or by allowing him to play little league. As for the lawsuit against the boy, proving negligence is more of a straight shot. However, because the boy is 14-years old, he will be held to the standard of care of a like-minded 14-year old boy with similar education and experience. In other words, the coach will be required to show that the boy’s jubilant celebration in throwing his helmet was sufficiently negligent behavior when weighed against an average 14 year-old little leaguer. If successful, the coach could recover the half million dollars he is seeking for compensatory damages.
With the assistance of an experienced personal injury lawyer in Los Angeles, proving that the person or business that injured you or your loved one does not have to be difficult. Contact the aggressive attorneys at BIKLAW today to discuss your potential for success, including financial recovery.