Man Injured at Track Meet Takes Discus to the Face
Imagine going to your high school son’s or daughter’s high school track meet. You’re clapping for the athletes when, from out of nowhere, a discus hits you square in the face. When you wake up several hours later in the hospital, you’ve suffered a broken nose, lost some teeth, required your jaw to be reset, and needed a bone and gum graft to allow that to happen.
Such was the plight of a South Dakota man. Michael Moses now has substantial medical and dental bills. He alleges that the high school was negligent when they set up the spectator area.
Damages in a Lawsuit Like This
Spectator injuries at sporting events are difficult to recover money from. For instance, an individual watching a baseball game assumes some amount of risk when they enter the stadium. If they get hit by a foul ball, they consented to be in the stands where foul balls usually end up. In fact, walking away with a souvenir is one of the best things about attending a baseball game.
Track meets are another matter. Discuses are not supposed to end up as souvenirs. No one assumes that they have to be on the look-out for an errant discus. So a track meet would not have the same protections as a baseball diamond or a hockey rink.
The man’s injuries were extensive. He sustained permanent injuries to his face and had to have significant dental reconstruction surgery. Disfigurement resulting from the accident may be permanent. He may have pain for the rest of his life and has likely lost some of the use of his jaw.
Then, you have the man’s medical expenses. The negligent party would be liable for the entirety of his medical bill (both past and future) so long as Moses didn’t put himself in danger. Further, the negligent party would be responsible for compensating Moses for any wages he lost while he was out of work. Lastly, if Moses’ quality of life is reduced by the lawsuit, they would be responsible for compensating him for that as well.
The plaintiff, in this case, suffered severe injuries which is a nightmare for any defendant. In a case like this, it may be cheaper to litigate a wrongful death lawsuit. The high school has a duty to ensure the safety of any guests they invite onto their property. In this case, they didn’t, and someone was seriously injured because of that failure.
This appears to be a fairly straightforward win for the plaintiff. The mere fact that someone was injured by a discus is proof that the area was unsafe. The only thing left to determine is what kind of dollar amount compensates one for the extent of their injuries.
Talk to a Houston Personal Injury Attorney Today
Have you been injured by someone else’s negligence? Call the Houston personal injury attorneys at Livingston & Flowers today to schedule a free consultation and learn more about how we can help.