Can I sue the gym, the cheering squad and their coach for my daughter's ijuries? 7 Answers as of February 03, 2014

My daughter is on a cheer team and she is a flyer, a girl thrown in the air by three other girls. The three girls did not catch my daughter resulting in her getting a concussion, rotators cuff damage, and two breaks in the bone above her elbow near her growth plate. Can the gym, coach and girls all be sued?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, but if the school is a public school, be aware of the 6-month claim-filing statute. And for God's sake take her out of that team.
Answer Applies to: California
Replied: 2/3/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Possibly, but in Alabama, there are the defenses of contributory negligence and assumption of risk that if applicable, would prevent a recovery for a negligence claim. However, these defenses are not available if the conduct was "wanton", which applies to conduct that is something more than mere negligent, but less than intentional.
Answer Applies to: Alabama
Replied: 1/31/2014
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
Whether you can sue successfully depends upon whether whomever was in charge was negligent. There are many variables that would determine whether negligence exists in this situation. Things such as the age of the participants in the maneuver, the extent of supervision they received, how inexperienced they were at the maneuver they were performing, whether they were practicing on padding, etc.
Answer Applies to: Iowa
Replied: 1/31/2014
Ty Wilson Law
Ty Wilson Law | Ty Wilson
The facts on this case are similar to one I had many years ago. Everything revolves around the coach and the proper supervision of the cheer team. Very tough case, however more facts will be needed.
Answer Applies to: Georgia
Replied: 2/3/2014
Pius Joseph A Professional Law Corp. | Pius Joseph
Have you signed any release? Of course there may be several defenses , but possibly a claim but need more facts as to what the negligence is.
Answer Applies to: California
Replied: 1/31/2014
    John Russo | John Russo
    Never say never, but most likely not unless you could prove gross negligence, and you could not do that on your best day, you would need counsel, the Law is a complicated very specialized field, just as Medicine is. But back to your issue, I see assumption of the risk here right out of the box, I am willing to bet you guys signed something before she made the team.
    Answer Applies to: Rhode Island
    Replied: 1/31/2014
    Law Offices of George H. Shers | George H. Shers
    It would seem that she accepted the risks of being injured and unless the "catchers" were negligent that there would be no liability. What she was doing is likely to result in some injury. She undoubtedly signed a waiver of liability, which normally does not shield against actual negligence.
    Answer Applies to: California
    Replied: 1/31/2014
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