Kansas Wrestling

Getting Sued

Posted By: riverghost

Getting Sued - 03/22/11 08:49 PM

If my son hurts someone in school wrestling practice can I be sued???
Posted By: riverghost

Re: Getting Sued - 03/22/11 09:17 PM

Any ideas where to look to find out I am freaking out over this
Posted By: Mark J Stanley

Re: Getting Sued - 03/22/11 09:32 PM

We are a very litigious society…in other words you can be sued by anyone for any reason. But, as long as your wrestler is a USAWA card holding competitor and the injury happened at a USAWA sanctioned event or practice, then I think the liability insurance provided by USAWA would provide you with liability coverage for the accidental injury (see page 7 of the Insurance Info Attachment ).
Posted By: Rford

Re: Getting Sued - 03/23/11 12:34 AM

If you do a little on-line research you'll find that an accidental injury is not going to result in a successful damages claim. If your kid would intentionally or recklessly injure his opponent then that's a different story, as it should be. Here is a recent news report of a case that gives you a pretty good idea as to how these cases are approached:



A state court in Connecticut has dismissed parts of a complaint brought by the mother of a student, who alleged that a school district, coach and another student were responsible for an injury her daughter suffered in a floor hockey game.

In so ruling, the court found that a plaintiff must show “reckless or intentional conduct on the part of the defendant … to plead a cause of action for injuries sustained by a participant in a team contact sport. Proof of mere negligence will not suffice.”

The minor plaintiff claimed she was injured while participating in a mandatory floor hockey game which took place during a physical education class at James H. Moran Middle School in Wallingford, Connecticut. In counts five and six of her complaint, they alleged that Ashley Rivera was liable for negligently tripping her with a hockey stick during the floor hockey game. They further claim that Rivera “knew or should have known that pushing the hockey stick out in front of Marisa Lenti would cause her to fall to the gym floor” and that the defendant “failed to pay attention, with regard to the hockey stick she was running with, and negligently failed to warn the minor plaintiff of the imminent contact with the hockey stick.”

On July 13, 2009, the defendants moved to dismiss the complaint, relying on the Supreme Court's holding in Jaworski v. Kiernan, 241 Conn. 399, 696 A.2d 332 (1997), and its progeny in support of their argument that “the appropriate standard of liability to impose upon co-participants in a team sport is the duty to refrain from reckless or intentional conduct.”
Posted By: riverghost

Re: Getting Sued - 03/23/11 01:07 AM

The letter I received evens says My son did NOT act maliciously or intended to harm. and to have my home owners insurance contact his lawyer. Yeah right
Posted By: Rford

Re: Getting Sued - 03/23/11 01:31 AM

If you have received a letter, give it to your insurance company, that's why you have insurance. The company will investigate the claim and then deny it. You won't have to be involved dealing with some irate parent and you won't be the one making the decision not to fork over money for an accident.
Posted By: wrestle4fun

Re: Getting Sued - 03/23/11 02:12 PM

I wouldn't even give it to your homeowner's insurance company. It didn't even happen at your residence. This is someone just looking for a payout they aren't going to get!
Posted By: sportsfan02

Re: Getting Sued - 03/23/11 02:56 PM

Regardless of the problem, I'm not sure I would take legal advice from a sports message board!
Posted By: Reesor

Re: Getting Sued - 03/23/11 07:12 PM

This is pure specultion on my part; but I'm guessing that the reason whoever sent you the letter said that your son "did not act maliciously or intend to harm" was to squelch any notion that your home owner's carrier may have of asserting a policy defense. I'm sure that all home owner's premise and personal liability coverages include an exclusion for intentional acts. There's a big difference between malice and negligence. If someone is claiming damages due to the negligence of you or someone in your household, and you've got home owner's insurance I would report it to them and let their experts sort it out. If you don't have insurance they will probably go away. Of course sporto gave the best advice so far: you shouldn't be taking advice from a bunch of knuckleheads (myself included) on a sports message board. Good luck, and I hope everything turns out alright.
Posted By: Sudawn Bradley

Re: Getting Sued - 03/23/11 07:43 PM

If you have a USAW card and the injury occurred during a "sanctioned" practice, I would start there first.
Posted By: riverghost

Re: Getting Sued - 03/23/11 09:12 PM

All I got to say after a couple of meeting today is you guys better read up on your homeowers insurance!!! School has not received any paperwork and said you are on your own.
Posted By: riverghost

Re: Getting Sued - 03/23/11 09:13 PM

All I got to say after a couple of meeting today is you guys better read up on your homeowers insurance!!! School has not received any paperwork and said you are on your own.
Posted By: Sudawn Bradley

Re: Getting Sued - 03/24/11 12:54 AM

It would not be on the school's insurance. However, if you were practicing with a officially registered club, and it was a normal practice session, and the club sent your dues money into the State for your USAW membership, then there should be insurance for the hurt child under that policy.
Posted By: wrestlingmom

Re: Getting Sued - 03/24/11 01:06 AM

And if the injury occurred during a sanctioned practice, an injury report should have been prepared and sent to USA wrestling...

If the injury happened during regular high school practice the high school has to have liability coverage as well.

I'd ask a lawyer before I gave anyone any insurance information.
Posted By: riverghost

Re: Getting Sued - 03/24/11 01:16 AM

This happen in middle school. and I did get a copy of the schools report today.
In the state of KS if you hire a lawyer and your insurance is named in the suit you assume al risk. so it is up to my insurance co.
Posted By: shwrestlingmom

Re: Getting Sued - 03/24/11 03:06 AM

Wow! Just in the last year my son had his hand broke and my daughter her arm broke both while wrestling and never in my mind did I consider suing the parents of the kids they were wrestling! As I recall also I signed something that stated that this was a contact sport that may cause injury and the liability was on myself and the usa wrestling insurance. That was the kids club. With HS you sign a form that your insurance covers 1st then the school has coverage. Shouldn't they have to go through the first 2 before they ask for anything from you? Which IMO they shouldn't because you know that every time your kid steps on the mat that there is the possibility of injury.
Posted By: Beeson

Re: Getting Sued - 03/24/11 05:02 AM

Quit worrying....it is BS....let it go. If this was a true concern you would leave your name. I think this is someone just trying to get something stirred up. Riverghost? Really?
Posted By: riverghost

Re: Getting Sued - 03/24/11 10:37 AM

Originally Posted By: Beeson
Quit worrying....it is BS....let it go. If this was a true concern you would leave your name. I think this is someone just trying to get something stirred up. Riverghost? Really?
This is 100% true no bullchit I post the letter if you don't believe me

I talked with alot of insurance people and in 35 years of doing insurance they have NEVER heard of this till now
Posted By: sekwrestling

Re: Getting Sued - 03/28/11 02:19 AM

What kind of parent would sue a teammate for an accident at their practice? Gees, I wouldn't want this family on our team. Accidents happen. If it was unintentional, take care of your own business!!!!
Posted By: lylegeyer

Re: Getting Sued - 03/28/11 11:15 AM

I wouldn't want that family on my team either. Blacklist em!!
Posted By: sportsfan02

Re: Getting Sued - 03/28/11 11:36 AM

Originally Posted By: sekwrestling
What kind of parent would sue a teammate for an accident at their practice?

Purely speculation, but I would say one that didn't have any health insurance?
Posted By: Sudawn Bradley

Re: Getting Sued - 03/28/11 01:12 PM

But if they didn't have health insurance, why sue the other parent(s)? Just make a claim against the insurance they paid for with the child's USAW card.
Posted By: sportsfan02

Re: Getting Sued - 03/28/11 01:37 PM

I think anyone who has to use the card insurance will find it probably pays for little if anything. I've never known of anyone who has had to use it but that would be my guess.
Posted By: OLDRASSLER

Re: Getting Sued - 03/28/11 02:35 PM

Would somebody please delete this post. I think Beeson correctly called out this topic as bs and it really needs to go away.
Posted By: riverghost

Re: Getting Sued - 03/28/11 09:35 PM

This office has be engaged to represent JOE K. in connection with a claim for personal injuries arising from an incident which had on Jan27th. Apparently your son Dillon pick up my client and dropped him to the ground. Although it does not appear the your son acted maliciously or intended to harm my client,the fractures to his lower extremity have turned out to be quite serious and will likely have a profound affect on my client for the rest of his life. My hope is here that you have homeowers or renters policy of insurance which contains a personal liability endorsement which could extend coverage for this incident. That being the case I would appreciate it if you would contact your insurance agent and request that they get in contact with me .We don't know yet the extent of the result of disability would be but I would like to open dialogue with the insurance adjuster as quick as possible. If there is no liability insurance which would cover this incident I would appreciate it if you would advise that as well. In that event, I suppose that will need to discussing this matter further with you and you son directly. If I have not received response from this letter with two weeks I will assume the there is no insurance and will proceed accordingly.

WORD FOR WORD from the law office of DAVIS,MANELY,LANE







The EL DORADO MIDDLE SCHOOL is staying out of it since they are not named.
School did give them their insurance





Posted By: tbau

Re: Getting Sued - 03/28/11 09:42 PM

http://www.themat.com/forms/Insuranceinfo.pdf
This is a link to USA Wrestlings insurance policy for all cardholders. i think there is coverage for this after a $500 deductable
Posted By: riverghost

Re: Getting Sued - 03/28/11 09:45 PM

Originally Posted By: tbau
http://www.themat.com/forms/Insuranceinfo.pdf
This is a link to USA Wrestlings insurance policy for all cardholders. i think there is coverage for this after a $500 deductable
This did not happen at club it was EL DORADO MIDDLE SCHOOL practice
Posted By: RichardDSalyer

Re: Getting Sued - 03/29/11 12:37 AM

Originally Posted By: riverghost
This did not happen at club it was EL DORADO MIDDLE SCHOOL practice
Then stop seeking advice on a USAW Wrestling Talk Forum as this event has nothing to do with USAW Kansas Wrestling.
Posted By: nix

Re: Getting Sued - 03/29/11 01:20 AM

so does this mean no one can ask a question about middle school wrestling in kansas no more or offer an opinion on it either.

does this rule also pertain to high school wrestling as well.
Posted By: RichardDSalyer

Re: Getting Sued - 03/29/11 09:33 AM

Originally Posted By: nix
so does this mean no one can ask a question about middle school wrestling in kansas no more or offer an opinion on it either.

does this rule also pertain to high school wrestling as well.
When I have a plumbing problem I seek an answer from a plumber. When I have an electrical issue I seek advice from an electrician. When I have a leaky roof I seek out a competent roofing contractor (which most likely excludes Nix who appears to spend far more time on his last post than on the roof); and like most intelligent adults, when I have received a letter from an attorney seeking information regarding a potential liablilty issue, I seek advice from legal counsel, not an internet talk forum.

I also do not believe the following to be "WORD FOR WORD from the law office of DAVIS,MANELY,LANE".

Originally Posted By: riverghost
This office has be engaged to represent JOE K. in connection with a claim for personal injuries arising from an incident which had on Jan27th. Apparently your son Dillon pick up my client and dropped him to the ground. Although it does not appear the your son acted maliciously or intended to harm my client,the fractures to his lower extremity have turned out to be quite serious and will likely have a profound affect on my client for the rest of his life. My hope is here that you have homeowers or renters policy of insurance which contains a personal liability endorsement which could extend coverage for this incident. That being the case I would appreciate it if you would contact your insurance agent and request that they get in contact with me .We don't know yet the extent of the result of disability would be but I would like to open dialogue with the insurance adjuster as quick as possible. If there is no liability insurance which would cover this incident I would appreciate it if you would advise that as well. In that event, I suppose that will need to discussing this matter further with you and you son directly. If I have not received response from this letter with two weeks I will assume the there is no insurance and will proceed accordingly.

WORD FOR WORD from the law office of DAVIS,MANELY,LANE
Posted By: Beeson

Re: Getting Sued - 03/29/11 10:35 AM

I agree Richard. Attorney's do not write that poorly. One singel paragraph? Come on, I have never seen a leter from an Attorney that was not at least 3 pages long. grin This guy is still full of BS.
Posted By: sportsfan02

Re: Getting Sued - 03/29/11 10:42 AM

Not to mention one of the partners names is spelled wrong! I know this because he has represented me and my family in the past.
Posted By: riverghost

Re: Getting Sued - 03/29/11 10:46 AM

I don't know WTF your guys problems are but I am just trying to inform other people this can happen to you if you think I am making this up just call your insurance or Norman Manley the lawyer

Chris Peterson
Posted By: in it to win it

Re: Getting Sued - 03/29/11 12:33 PM

Perhaps riverghost you made some typo's from your "word for word" statement in regards to your letter written word for word.

I would certainly encourage you to meet with El Dorado school staff member since the occurrence happened on school property. Have a discussion with the school staff in regards to the clarity in why the EL DORADO school system was not involved.....altogether you need legal counsel to advise you on what proper route to take.

Unfortunately a child was injured....but picking another wrestler up & dropping him to the ground acquiring more than 1 fracture in the tibia/fibula or femur area sounds really 'awkwardly out of the protection' that a wrestling mat can absorb. There are quite a few areas that are not being brought up that needs more details. Again, best advice, a good legal representative.

Just my .02
Posted By: Nuckles

Re: Getting Sued - 03/29/11 01:10 PM

lots of mistakes in this attorneys letter doesn't sound very professional...your son Dillon pick up my client...should be picked up...and this next sentence.....I suppose that will need to discussing this matter further with you and YOU son, LOL...really????should be I suppose that we will or we'll need to discuss this matter further with you and YOUR son...not you son!!
Posted By: wrestle4fun

Re: Getting Sued - 03/29/11 10:20 PM

Why do people need to be so dang rude? The ones that have said stop this post, who are you to say that? Don't read it if you don't like it. So what is someone had trouble typing/copying a letter. Does it really matter? The guy just wanted some advice probably a what would you do type question and he is treated poorly. I'm sure you all feel better about yourselves for making someone else feel like crap. And no I don't know riverghost! And we wonder why kids are so cruel and disrespectful to others.
Posted By: Jamie Davis

Re: Getting Sued - 03/30/11 12:33 AM

Nobody is being rude, just merely using reason on the matter. First of all we do not have all the pertinent details on the issue. Richard is trying to give sound advice to seek legal counsel. (for things legal) If you need advice on wrestling rules or guidelines: ask Richard. As for the Law office mentioned I have had some dealings with them and found them to be less than what I would expect from a paid professional. As for this forum my understanding is that it's in place to promote USA Wrestling and all that support it.

Jamie Davis
Andover, Kansas

It is not how you start but how you finish that is important.
Posted By: Nuckles

Re: Getting Sued - 03/30/11 01:53 AM

not being rude....just doesn't sound like a professional letter from a attorney's office...sounds like they should get legal advice..
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