Not only does a traumatic brain injury (TBI) forever change the life of the victim, it also causes serious damage to the health and lives of the victim’s family. The TBI victim is not the same person which causes profound stress to the care giving family. The stress is constant and there is usually no
Can a Coach be Held Responsible for an Injury to his Athlete?
Generally, no. Sports have inherent risks. An instructor or coach generally is not responsible for injuries to players if the risk of the injury is inherent to the sport. Holding a coach responsible for such injuries may have a chilling effect on the sport or activity. The coach must be allowed to urge the athlete…
Can Traumatic Brain Injury Victims Develop PTSD?
One would assume that if a TBI victim cannot remember the injury producing event, he cannot suffer flashbacks or nightmares re-experiencing the event. Right? Wrong.
Indeed, a diagnosis of a TBI generally requires a loss of consciousness. But the victim’s loss of consciousnesss does not shield him from post traumatic stress disorder, or PTSD. Apparently…
Are Waivers Enforceable Against Family Members?
Waivers signed by parents, releasing liability for future negligent acts committed against minor children in recreational and related settings, are generally enforced by judges in California as discussed here. Interestingly, a clear majority of courts in other states have held that a parent may not release a minor’s prospective claim for negligence.
And when the…