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Old 05-31-2012, 05:54 AM
 
Location: Vermont
11,758 posts, read 14,647,352 times
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You really need to talk to a lawyer who specializes in personal injury litigation. The questions are liability and damages. While damages seem to be clear because this is a lifelong, life-limiting injury, liability is the big question you will need to confront.

The answer is likely to vary depending on your state, so nothing anyone can tell you here will make any difference.
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Old 06-02-2012, 09:08 PM
 
17,285 posts, read 22,013,755 times
Reputation: 29617
Quote:
Originally Posted by DrQuad View Post
Well just to make it clear! He was there trying out for the school golf team. There is a lip ~ 1.5" tall at the end of the platform were you tee off. Why is there any kind of protrusion that the ball could hit. Yes he has permanent eye damage. Yes it has been a year since it happened, just so we would know if his sight would come back.
Maybe tough to prove how it happened unless you have video....hopefully his vision returns 100%
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Old 06-09-2012, 08:42 AM
 
23,591 posts, read 70,374,939 times
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If he was trying out for a school team, I would suspect that the school would be the entity responsible for the conditions of the tryout. I don't see it as much different than a school swim team having tryouts in an alligator infested pond. Once it sets conditions, it has obviously declared itself responsible for the conditions that exist.

A minor cannot be signor to a legal document, the key issue would be the document between parent and school (if any exists).

A school has a tremendous responsibility to keep students safe. Sports in particular are an area where many fail - concussions, bullying, unsafe playing fields, etc. are common enough to be recognized issues. Public and governmental pressure has been increasing for schools to clean up their act in this area.

My guess is that the parents would go after the school, then the school might go after the business. I have a hard time assigning responsibility to a minor, non-professional schoolboy to never have a wild golf shot, especially at a tryout, where adult supervision should be a given. If this was instead a solo golf outing I might place a little more responsibility on the boy, but if there was a ledge or lip, then the site owner bears at least partial responsibility. When you build what is essentially a shooting range for golf balls, you don't install items in the path that will ricochet the projectiles back to the shooter.

The play-through will likely be lawyer - file case - letter to and from school insurance - court date set in the far future - offer to settle - court date approaches - second offer - court 60/40 chance the kid will win but the win will barely cover costs.
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Old 06-09-2012, 09:09 AM
 
4,761 posts, read 14,283,224 times
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He needs to accept responsibility for his own actions.
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