LAUSD sued over demise of South East Excessive Faculty soccer participant

Soccer is a harmful recreation, and everybody who straps on a helmet is aware of it.

However the household of a 16-year-old participant who died after a devastating harm is now asking a courtroom to determine whether or not his demise was merely a part of the sport or whether or not his college district allegedly made the hazard worse.

Lawyer Michael P. Hernandez, a associate at HHJ Trial Attorneys, informed The California Submit that distinction is essential beneath the state’s “main assumption of threat” doctrine.

“California follows a doctrine referred to as main assumption of threat. A participant who steps onto a soccer discipline accepts the dangers which can be inherent to the game itself,” Hernandez informed The California Submit.

In different phrases, a college isn’t robotically on the hook every time a participant will get damage in a sport constructed round collisions.

However that safety has limits, Hernandez stated.

“A tough, poorly maintained floor isn’t an inherent threat of soccer. It’s a upkeep and security failure,” Hernandez stated.

That distinction is on the coronary heart of the lawsuit filed by Garcia’s household.

Christopher, a junior varsity participant at South East Excessive Faculty, performed in a varsity recreation Aug. 23, 2024, in response to his household and attorneys.

In the course of the recreation, his head struck the bottom after what his authorized staff describes as a “textbook defensive sort out.”

The hit brought on a catastrophic mind harm.

Christopher died 11 days later regardless of emergency medical remedy.

His household alleges that LAUSD didn’t “present secure amenities, correct tools, and satisfactory supervision.”

The case has already reignited a heated debate over the place the inherent risks of soccer finish and college duty begins.

And since Christopher’s household describes the play as a “textbook sort out,” some have argued that the tragedy seems extra like a freak accident than proof of college negligence.

However the household argues that soccer’s inherent dangers aren’t the problem.

As a substitute, they allege the district didn’t correctly handle risks that would have been managed.

Hernandez stated faulty or improperly fitted tools can fall exterior the abnormal dangers a participant agrees to just accept. 

He additionally pointed to supervision and emergency medical response as tasks of the district somewhat than dangers an athlete assumes by enjoying.

Concussion procedures may additionally turn out to be a problem, Hernandez stated.

Clearing an injured athlete to proceed enjoying — or failing to have correct return-to-play procedures — is a matter of supervision and coaching, Hernandez stated, somewhat than an inherent threat of soccer.

“So the authorized query within the Garcia case isn’t whether or not tackling is harmful. It clearly is, and everybody accepts that,” Hernandez stated.

The query is whether or not LAUSD’s alleged failures involving the sphere, tools, medical response and security protocols pushed Christopher’s threat past what he accepted when he suited up.

For his household, the lawsuit is about greater than what occurred on one soccer discipline.

“Our fundamental factor is we simply don’t need this to occur to anyone else,” Christopher’s brother stated throughout Monday’s press convention. “It’s horrible.”

Christopher’s sister, Kimberly Garcia, wiped away tears as she remembered him.

“He was the funniest child you’ll ever meet. He was so candy, caring,” she stated.

The Submit reached out to LAUSD for remark.

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