Little Jimmy, a ten-year exchange student from China, plays first base for the Birmingham Bluebirds in a local little league run by a small Catholic school in Birmingham, Alabama.
Prior to the season, Little Jimmy’s host mother signs a form provided by the school. Specifically, the school provided the host family with a waiver form based off of the following document: http://www.nellbaseball.com/docs/Tournament_Waiver.pdf
The school’s secretary amended the above form to substitute the word “Birmingham Little League” for the original “Newtown Edgmont Little League.”
While Little Jimmy has made a serious effort to learn the mechanics of baseball, he continues to struggle to understand the mechanics of the game. One day, while on deck waiting to bat, Little Jimmy’s coach instructs him to start swinging his bat to warm up. Little Jimmy hits another player in the head with his bat. When Little Jimmy strikes the other player in the head, the other player’s helmet shatters on impact. As a result of the accident, the player hit by Little Jimmy suffers life-altering brain damage.
The injured player’s parents enter your law firm’s office asking your advice on what possible legal remedies to pursue. Please make sure that you also note what additional information that you would need to determine the liability of any parties sued.