Baseball Player Sues Coach for Injury
A former high school student and baseball player will see his court case continue after an appellate court judge overturned a previous dismissal of the lawsuit, claiming the former player’s coach acted recklessly in telling him to slide into third base. As the player slid into third base, his cleat dug into the dirt, causing him to roll his right ankle. The injury required surgery and left him with a permanent injury.
Last year, a Superior Court judge tossed the player’s lawsuit on a technicality. She dismissed the suit because it accused the coach of acting negligently and carelessly, but not recklessly. All sports come with inherent risks of injury. In New Jersey, cases involving athletics come under greater scrutiny and must meet a higher standard of recklessness.
The player’s attorney appealed the judge’s decision, claiming the language in the suit was flexible enough to include recklessness. The appellate court judge reinstated the lawsuit, finding the judge had not fully analyzed the case before making her ruling. The appellate court decision does not indicate that the player will necessarily win his case. It simply means that the lower court did not necessarily prove its reason for tossing the case. The case now goes back to the Superior Court, where the judge will have another chance to dismiss or proceed with a trial.
Negligence versus Recklessness
When it comes to the law, if someone knowingly endangers another person’s health and safety, that behavior may constitute as recklessness. The victim can sue that person for recklessly causing an injury. Negligence is essentially failing to provide a safe environment for others or failing to safely conduct oneself, resulting in injury to another person. Negligent behavior is not necessarily intentional.
The case raises a lot of interesting issues about the dangers that come with recreational sports, what responsibility coaches must manage and how to alleviate those risks, and what exactly constitutes negligence and recklessness in coaching. Coaches throughout the state are watching this case and are eager to learn the outcome.
New Jersey Personal Injury Lawyers at the Law Offices of Harold J. Gerr Help Personal Injury Victims Receive Fair and Full Compensation
An injury caused by another person’s recklessness can sideline you indefinitely. Besides pain and suffering, you may face daunting medical expenses and the loss of income while you are unable to work. At the Law Offices of Harold J. Gerr, his team of accomplished New Jersey personal injury lawyers handle all types of personal injury claims, including car accidents, slip and fall accidents, defective product accidents, and medical malpractice.
To schedule a free initial consultation, contact us online or call 732-249-4600 today. We are located in Highland Park, New Jersey, and our attorneys serve clients from the surrounding areas, including the towns of New Brunswick, Edison, Somerset, South River, and Sayreville.