California Supreme Court to Review Sports Injury Lawsuit

See Also Football Injuries  and  Violence in Youth Sports                 
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."

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