Aug 1, 2003 -- The case,
(Kahan
vs East Side Union High School District and coach)which will be decided
by the California Supreme Court this summer, will affect not only swim teams
but also youth baseball, basketball, wrestling, football -- any sport in
which injuries are a risk.
Lower courts had dismissed Kahn's lawsuit, but it troubled the California
Supreme Court enough to review it.
Sports
organizations fear that a ruling for Kahn would inspire a
deluge of lawsuits
that would make insurance costs prohibitive for schools,
cities that
provide recreation facilities, and leagues and sports camps
8/28/03 See Final Supreme Court Ruling
Below S105735
IN THE SUPREME COURT OF
CALIFORNIA 8/28/03
OLIVIA
KAHN, Plaintiff vs - EAST SIDE UNION HIGH SCHOOL DISTRICT
S105735
Reported by
DAVID KRAVETS,
AP Legal Affairs Writer
Coaches could be legally liable for injuries sustained by young athletes
under their control, the California Supreme Court has ruled in a decision
that brought mixed reviews from youth sports groups.
The court, ruling 6-1, said athletes assume a great deal of risk when
playing sports. So coaches can only be legally liable for injuries if their
conduct is reckless or if they actually wanted the athlete to get injured.
Citrus
College Loses Baseball Injury Appeal 8/27/03
8/27/03 -- IN THE COURT OF APPEAL OF THE
STATE OF CALIFORNIA SECOND APPELLATE DISTRICT
JOSE LUIS AVILA, Plaintiff and Appellant, v.
CITRUS COMMUNITY COLLEGE GLENDORA CALIFORNIA
"We find that the factors militate toward a
finding of duty. It is surely foreseeable that a student might be injured if
supervision is lax (or non-existent) at a school sponsored sports event, and
if medical care is not summoned when any injury occurs. It is also easy to
conclude that future harm to students might be prevented if school sponsored
sports games were to be properly supervised and equipped and managers and
other school employees whom the school has made present at the game are
trained to provide or summon medical care."