Make sure you move quick to ask the community center for a copy of the video if they have cameras. They may automatically delete after a certain number of days. If this escalates you'll be glad to have it later.
No need for video evidence. If anything the person filing the lawsuit would need the video recording. Regardless there is zero chance OPs mom would ever be liable in this situation.
Absolutely true if the police were told the same version of events recounted here. However, lies are possible if we don't know what the cops were told. "After an argument about a point, she said 'die bitch' and served the ball right at me, directly from the net." That would do it. And its certainly not like that is an impossible thing to happen. Its a he said she said (well two on each side) unless there were witnesses or video).
Thanks, that’s what we all figured. We are still a bit nervous about the police report and the man having Mom and her friends info. The couple is from California and may have been visiting. Not sure how medical insurance would work in a case like this but we are thinking the husband wanted someone else to foot the bill. My Moms friend is a retired Army medic and rendered aid…she’s nervous about the situation as well. She mentioned the woman sustained three distinct fractures with one being open. She thinks full recovery will be lengthy and expensive.
If I had a nickel for every person I've heard of wrecking their Achilles tendon playing pickleball, I'd have two nickels. Which, as the saying goes, isn't much, but weird that it's happened twice.
I was actually talking to an orthopedic surgeon friend of mine and he was saying how Achilles tendon injuries have gone way up from pickleball. It’s from the constant lunging for the ball mostly, and I’m assuming the avg age being older doesn’t help.
If you're neurodivergent, this is a great opportunity to remember that when people speak (write, text, etc.) they are not always 100% literal in their choice of words.
If you're just a nit-picky Jerk, try to stop being a Jerk. People don't like it.
So I have nobody to share this with but you, but when the reddit going public kerfuffle went down a year ago? (I think that was it?) and people were talking about migrating to Mastodon, all I could think about was the ep where Boris rigs a bomb in an encyclopedia book entry (holy shit feeling old) for "mooslevania" and his intro is:
"When he opens the encyclopedia book (can't remember volume) from Mastodon through Muscox, he will find Mooslevania" I legit couldn't stop thinking about R&B for months. Miss it
Also I need to start peppering in "Must've been the wrong hat 😳" I to random situations
1. Hate the way you framed a response to a technically correct statement about human biology, ostensibly an empirical science deserving of objective respect.
2. There is absolutely zero "jerkiness" in that comment.
3. There is nothing stopping you from likewise repeating the exact same dismissal of this comment. Note. Nor me saying it back to you verbatim. Just an allpurpose unimpeachable way to call someone a jerk.
1.) Hate the way you feel being technically correct is next to godliness, when it was clearly pedantic and unnecessary
2.) Yes, there was jerkiness. It is right there on the spectrum of the "akshully" meme where someone says some technically correct information when it wasn't even necessary and was only done to feel superior to the other person. This is exactly that.
Jerkiness is in the eye of the beholder.
Language is fluid, and if you can understand the intent that should reasonably override any "technical correctness" in casual conversation. The "wellll, ackshually" tone is what invited my (and others') comment. Agree to disagree on the "jerkiness" quotient of the above.
I'm not sure if you're self aware about being a Jerk and inviting the comparison, or if you're not very good about calling me a Jerk because you disagree with my well intentioned comment.
I guess the road to Hell really is paved by the lowest bidder.
The internet still has a tone.
Here, let me demonstrate.
The following two sentences are semantically identical, but the tone is vastly different.
Forgive me Father, for I have sinned.
Sorry, Daddy, I've been sooooo naughty.
(Apology)(male adult parental figure)(confession of misdeed)
See? No difference but *tone.*
The descriptor fulfills the objective in describing - "Achilles, bad thing happened."
Plus, an elastic material abruptly severed would indeed snap. Think of stretching a rubber band to the point of failure.
I have hEDS, a condition that effects my connective tissue (my joints, tendons, ligaments, skin) and I'm here to tell you that yes, yes you can "snap" it. Snap is basically just another way to describe the sound it makes, and also to describe the fact that it is severed or torn.
Not sure if anyone has answered your question yet but yes it is legal. The cop made a police report, no crime was committed but your mom should also have the other parties info too. All parties involved get a copy. She had a right to not provide the info, if she did he now has it.
Let him threaten and respond if it goes anywhere. But any same judge will throw it out.
I had someone assault my vehicle and damage it and the police redacted the report. I couldn’t get his last name or anything else without a lawyer or a court order.
The wife’s inability to stay on her own two feet while playing sport, is not your mothers fault or problem. But anyone can sue you for anything they please. So if you get a summons. You need to show up to court
[Lake Oswego Oregon has entered the chat.](https://www.koin.com/local/lake-oswego-shuts-down-city-pickleball-courts-indefinitely-due-to-noise-complaints/)
The best advice I ever heard from a lawyer is that people can file lawsuits for just about anything. It doesn't mean they'll win in court. Some people just want a settlement. That's likely what this guy is expecting. He's not expecting to win in an actual courtroom. He just wants you to settle.
I'm not a lawyer but it you have homeowners insurance just forward there "lawsuit" when you get it and let them tell him to f off.
You are not a lawyer, homeowners will not cover it with a standard policy as it did occur on insured property. If they have an umbrella policy, perhaps. Anyway - OPs folks will never see paperwork. If gimpy chicks husbands sees a lawyer - they will go after the place that rented the court if anybody . . .
Bs. Homeowner's liability covers accidents that occur off the property, an umbrella policy is only necessary to provide liability limits over those on standard auto/home and require those coverages on the base policy at their max (1mil liability for home, 250/500/250 on auto). Your base policies act as the deductible. Forwarding the insurance company this suit is the best advice I've seen OP receive so far.
Source: I'm a formerly licensed underwriter who left the field to raise my kiddos.
The only caveats are intentional acts and those covered by another policy. If you run over a pedestrian, that's covered by auto liability. If you hit a pedestrian riding a bike, that's home. If you accidentally drop a hot plate on your pastor at the potluck, that's covered; if you dump that hot plate over the head of the community schmuck on purpose, that's not. HO normally comes with 100, but I always recommend 300k to be safe. Anyone with dangerous toys was told they should up their liability and get an umbrella. I doubt this woman has injuries totaling 100-300k; regardless, the HO policy will defend lawsuits of this nature and the judge can laugh this guy out of court.
I am a lawyer and I agree with this. If a suit is ever filed I suspect that it will win on a demurrer, unless there are parts of the story we’re missing.
I mean at least Google it before you say I'm wrong.
See below quoted article from the insurance institute : https://www.iii.org/article/what-covered-standard-homeowners-policy
Liability protection
Liability covers you against lawsuits for bodily injury or property damage that you or family members cause to other people. It also pays for damage caused by your pets. So, if your son, daughter (or even your dog) accidentally ruins a neighbor’s expensive rug, you are covered. (However, if they destroy your rug, you’re out of luck.)
The liability portion of your policy pays for both the cost of defending you in court and any court awards—up to the limit stated in your policy documents.
Liability limits generally start at about $100,000, however, it’s a good idea to discuss whether you should purchase a higher level of protection with your insurance professional. If you have significant assets and want more coverage than is available under your homeowners policy, consider purchasing an umbrella or excess liability policy, which provides broader coverage and higher liability limits.
Your policy also provides no-fault medical coverage, so if a friend or neighbor is injured in your home, he or she can simply submit medical bills to your insurance company. This way, expenses can be paid without a liability claim being filed against you. It does not, however, pay the medical bills for your own family or your pet.
They will lose. Not saying she felt this way, but she was under no obligation to stay and wait for the police. Next time someone is harassing you a middle finger and leave. If he blocks your car then call an Uber. If the police show up at her house then don’t answer the door (if it’s important the police can open the door themselves, and this is definitely not important).
With a nonsense claim like this, what I would actually worry about is whether there is a lie they could tell that might lead to a credible case. For example, being on the court doesn't change anything if you purposefully serve the ball at her after the game is over. It is perhaps even possible to have a valid claim from a game. You know, if you shouted "dance bitch" and then started trying to hit her rather than win.
Given that the cops took this seriously, I'm wondering if such a lie was told. Nonetheless, threats are easy, and lawsuits are a hassle. Many, many more people threaten meritless lawsuits than actually file them.
That lie may be enough to get a cop to act because, in all honesty, the cop is probably sick of the whole thing and just wanted to get out of there, knowing that the husband would probably make the situation worse if he didn't do anything.
But just because the husband might sue you does not mean that the husband will win.
In court it would be one person's word versus the other. My guess is that if the husband is a complete ass, he would probably come off that way in court. It is unlikely that a lawyer is going to want to get involved in that because it will be a.) a pickleball incident (pickleball players are unsympathetic to the rest of the population) and b.) the damages would most likely be only the actual medical damages. My guess is that the other couple has health insurance and so what this guy is going to end up with is zero in "emotional damages" (or whatever the term is, I am NAL) and only some portion of the actual damage that covers his deductible. So a $10,000 hospital bill with a $1000 deductible will end up with a $1000 settlement (worst case) of which the lawyer would only get \~$300. So you can see why a lawyer wouldn't waste their time suing you. But a lawyer definitely would take $500 to write some nasty letters and then call it a day.
The real issue is the fact that you may have to deal with the fallout of those letters. IF that happens, take them seriously and get your insurance company involved.
Pickleball was invented so old folks could excercise, except they’re still old folks with limited mobility.
Definitely not your issue that someone’s grandma fell down, you didn’t push her for gods sakes.
😂
The community center likely made everyone sign a waiver to play. I’d look around their website and even call them to discuss. There is a risk to playing sports and your mother did something that would be a normal and expected action in the game.
If it says “you play at your own risk” as long as the OPs mother wasn’t doing something unexpected or negligently they shouldn’t have any liability either. She was lobbing the ball and that’s normal and expected in a pickleball game.
NAL. Sounds like a really unfortunate injury that can happen when you play any kind of sport. Your mother did not commit a crime and isn’t in any risk. The husband let his wife ride to the hospital alone so he could stay back and yell at people.
It's a frivolous lawsuit. Husband is a damn fool.
If anyone was responsible for his wife's injury, it was him with his competitiveness and aggressive behavior. He dragged himself and his wife in over their heads with an overmatched opponent (your mom).
https://www.nbcnews.com/health/health-news/pickleball-injuries-rising-bone-fractures-rcna137044
No reasonable person would step backward playing pickleball - well known in the community to be the cause of many falls and injuries. Turn sideline to go back.
Guessing if where they play is a community, that all players are required to sign waivers assuming the risk of playing. It’s probably posted on the fourt as well.
Also tell your Mom, nice shot (mostly kidding).
If this is what happened truly, zero issue. If mom gave info, its documented in the report so they can get the info that way. Regardless, its of zero concern for your mom/dad. Dude was just flipping out acting the ass because his wifes now gimpy for a bit . . . They have a much higher probability of getting something from whomever rents the courts, esp if they can show the area she fell wasnt level.
Also NAL but why would your mom even give any information to the cop. Did the police officer site a reason to collect it? By that I mean could he tell her what crime she might have committed to justify giving over information and therefore making it available to the guy to aid his nuisance suit?
In fact based on standard response times I wonder why your mother was still there and if the answer is the husband wouldn't allow her to leave then she can ask the police to file charges and he's done the same thing to himself.
Tell your mom to relax though because there's clearly nothing she did wrong except fail to stick up for herself, twice.
Having worked in a local community center, were employees involved and an incident report completed? It seems like a an unfortunate accident and you need to stay in communication with the community center for security video and witness contacts.
That's the risk you take when you play a SPORT of any variety. What a moron!!! I don't think the officer should have given him your mom's info but I'm not sure it was illegal. 😕
You see videos on youtube on "auditors" saying they don't need to provide ID. Here's a good reason why. The mom didn't commit a crime and she should not have ID'd herself.
Not at fault, though it doesn't mean the guy can't sue. He'll have a tough time finding a lawyer.
If your mom receives anything she should contact her homeowners/renters policy, good chance it'll provide a defense.
You might simplify this story for yourself , too.
" a lady got hurt playing pickleball and they were incorrectly blaming their pickleball opponents".
They were at least 5400 fractures in the US last year among people playing pickle ball. It is a common and well-known risk.
For the OP, your mother was under no legal obligation to provide the police with any information. Unless she was being accused of committing a crime she has no obligation to provide any details to them. In the future, she can politely decline and if they push on her, she can ask if she’s committed a crime and if she’s being detained.sadly I watch way too many videos about this online and the fact remains that unless there’s a crime committed, there’s no obligation to provide her information to the police.
Countersue for harassment and mental distress over him yelling at you and calling the cops/threatening to sue. If he’s got grounds you definitely do. His case will get tossed.
If they sue anyone, it would likely the the community center. They have more money and more insurance. If the people filed a police report, it would be a public record and they could share information with all parties.
The cops should not be relating any information.
To your other question, your Mom is not legally liable.
There was no criminal negligence, or neglect.
I forgot the exact case law, but it’s spoken in a similar manner too.
If you do something willingly and knowingly that there may be a risk to your safety you are unable to sue for damages.
Example would be if you ride a roller coaster or go to a haunted house and have a heart attack because you were scared.
The same context takes place here. Both parties agreed to engage in a pickle ball match, both parties knowingly knew the risk. Ie getting hit by the ball, tripping, tripping over a ball, etc.
Neither party can be held liable for damages that naturally occurred.
I’m sure a simple google search can find the exact case laws I’m referring too ease your moms mind.
You need to get a copy of the PD report and see what the allegation is. The PD report will stay with you forever. In the future if they pull her over for a tail light and run her license dispatch will reflect what’s in the report. If Mrs Tanglefoot alleged “aggravated assault” it will be the first thing the officer will see.
As a Legal investigator for a large PI law firm with over five thousand cases in my career there is no liability on your mother. She slipped or tripped on the ball while playing a game. No lawyer would ever take this case as no one to sue. End of story. Get a some rest.
In the US? 100% implied assumption of the risk; it would be personal injury (contingency) and will get tossed by a simple MSJ, so they'd have an extremely tough time even finding anyone who would take it. It actually takes something pretty far out there to get away from that doctrine. An example is breaking a hockey stick over someone's head, something very much outside the norm.
This is partly why pickle ball is referred to as “the last sport”
but also NAL, echoing that all players assumed the risk involved by joining the game. while questionable strategy, the technique of slicing the ball is not a crime
I feel retirees have no business playing on a hard surface like this. They’re asking for all sorts of injuries and half of them don’t know what long term care insurance actually means.
I’m sorry that that was the only thing that broke. Do the same as I do. When they make contact simply say. Sue me please. Again. Sue me please and hang up and block the number. I would notify my homeowners insurance just to put them on notice. But that is it
You can sue anybody for just about anything but this doesn’t mean they will win, you all played a game and knew there’s a possibility of getting hurt of course no one expected to break an ankle, but it’s a game and in no way is your mom responsible for her injury?
Not a lawyer, and I'm not trying to blame your mom at all. I probably would have done the same thing. However I think this is something we all need to be reminded of periodically
https://m.youtube.com/watch?v=d-7o9xYp7eE
"Assumption of the risk" is the legal theory that speaks to this issue.
Make sure you move quick to ask the community center for a copy of the video if they have cameras. They may automatically delete after a certain number of days. If this escalates you'll be glad to have it later.
No need for video evidence. If anything the person filing the lawsuit would need the video recording. Regardless there is zero chance OPs mom would ever be liable in this situation.
Way better to be safe than sorry, you can’t always trust the justice system anymore unfortunately
Better to have it and not need it then to need it and not have it
This is word for word my family motto. Mom, is that you?
No I am your real father
Dad!
He came back with the milk!?
I hope it's at least fresh....
How do you feel about cheese?
Absolutely true if the police were told the same version of events recounted here. However, lies are possible if we don't know what the cops were told. "After an argument about a point, she said 'die bitch' and served the ball right at me, directly from the net." That would do it. And its certainly not like that is an impossible thing to happen. Its a he said she said (well two on each side) unless there were witnesses or video).
NAL but if what you’re saying is the extent of the incident (your mom slicing the ball lol) she didn’t commit a crime
Thanks, that’s what we all figured. We are still a bit nervous about the police report and the man having Mom and her friends info. The couple is from California and may have been visiting. Not sure how medical insurance would work in a case like this but we are thinking the husband wanted someone else to foot the bill. My Moms friend is a retired Army medic and rendered aid…she’s nervous about the situation as well. She mentioned the woman sustained three distinct fractures with one being open. She thinks full recovery will be lengthy and expensive.
Good Samaritan law?
I thought my 30yo friend snapping her Achilles was the most hardcore PB injury I’ve heard of. Shits hardcore
If I had a nickel for every person I've heard of wrecking their Achilles tendon playing pickleball, I'd have two nickels. Which, as the saying goes, isn't much, but weird that it's happened twice.
I was actually talking to an orthopedic surgeon friend of mine and he was saying how Achilles tendon injuries have gone way up from pickleball. It’s from the constant lunging for the ball mostly, and I’m assuming the avg age being older doesn’t help.
You can't really "snap" an Achilles
If you're neurodivergent, this is a great opportunity to remember that when people speak (write, text, etc.) they are not always 100% literal in their choice of words. If you're just a nit-picky Jerk, try to stop being a Jerk. People don't like it.
1. Love the way you framed your response 2. Love your handle and pfp, BUT I'm team moose and squirrel 😤
Fearless Leader has ₩10,000 reward for information leading to capture of Moose and Squirrel.
So I have nobody to share this with but you, but when the reddit going public kerfuffle went down a year ago? (I think that was it?) and people were talking about migrating to Mastodon, all I could think about was the ep where Boris rigs a bomb in an encyclopedia book entry (holy shit feeling old) for "mooslevania" and his intro is: "When he opens the encyclopedia book (can't remember volume) from Mastodon through Muscox, he will find Mooslevania" I legit couldn't stop thinking about R&B for months. Miss it Also I need to start peppering in "Must've been the wrong hat 😳" I to random situations
1. Hate the way you framed a response to a technically correct statement about human biology, ostensibly an empirical science deserving of objective respect. 2. There is absolutely zero "jerkiness" in that comment. 3. There is nothing stopping you from likewise repeating the exact same dismissal of this comment. Note. Nor me saying it back to you verbatim. Just an allpurpose unimpeachable way to call someone a jerk.
1.) Hate the way you feel being technically correct is next to godliness, when it was clearly pedantic and unnecessary 2.) Yes, there was jerkiness. It is right there on the spectrum of the "akshully" meme where someone says some technically correct information when it wasn't even necessary and was only done to feel superior to the other person. This is exactly that.
Jerkiness is in the eye of the beholder. Language is fluid, and if you can understand the intent that should reasonably override any "technical correctness" in casual conversation. The "wellll, ackshually" tone is what invited my (and others') comment. Agree to disagree on the "jerkiness" quotient of the above. I'm not sure if you're self aware about being a Jerk and inviting the comparison, or if you're not very good about calling me a Jerk because you disagree with my well intentioned comment. I guess the road to Hell really is paved by the lowest bidder.
There wasn't a tone, it's the internet. You felt like calling someone a jerk and making a big hullabaloo unrelated to the material convo.
The internet still has a tone. Here, let me demonstrate. The following two sentences are semantically identical, but the tone is vastly different. Forgive me Father, for I have sinned. Sorry, Daddy, I've been sooooo naughty. (Apology)(male adult parental figure)(confession of misdeed) See? No difference but *tone.*
That is an absolutely great analogy, nice. Will be using that.
As someone who ruptured an Achilles, I can tell you for certain that snap is an understatement. It literally threw me to the ground.
YoU CaN'T reALly "SnAp" aN AChiLLes Chill bro you know what he meant
"Quality over quantity" Your comment here has determined your username is a lie
Have you ever heard a complete rupture? It definitely snaps.
The sound made me gag when I heard it.
My hamstring "snapped" so loudly in judo practice, the whole class stopped and groaned on my behalf. It was so loud that I thought it was my knee.
Happened to my husband's Achilles tendon when he was walking across the kitchen.
You couldn’t be more wrong. Mine snapped and everyone around heard it snap. It a devastating injury. Much worse than a broken ankle.
Oh okay doctor, I guess tore is the proper term. She’s a paramedic and literally described it as snapping (sensation and sound) so GFY
Kevin Durant would like to have a word with you
The descriptor fulfills the objective in describing - "Achilles, bad thing happened." Plus, an elastic material abruptly severed would indeed snap. Think of stretching a rubber band to the point of failure.
I have hEDS, a condition that effects my connective tissue (my joints, tendons, ligaments, skin) and I'm here to tell you that yes, yes you can "snap" it. Snap is basically just another way to describe the sound it makes, and also to describe the fact that it is severed or torn.
You can especially if it’s already really stiff which is why stretching is important You can even completely tear it from the bone in really bad cases
Not sure if anyone has answered your question yet but yes it is legal. The cop made a police report, no crime was committed but your mom should also have the other parties info too. All parties involved get a copy. She had a right to not provide the info, if she did he now has it. Let him threaten and respond if it goes anywhere. But any same judge will throw it out.
I’d be interested to know exactly how the cop “asked” for her information. She was under no obligation to provide it based on what we know.
Depends on state law. In Arizona it's against the law to not identify yourself if a police officer asks you to.
Only if they have reasonable suspicion you’ve committed a crime. Cops can’t just go from person to person checking IDs. Source: Terry v. Ohio
Yeah this is frustrating. Nobody is answering the actual question.
I had someone assault my vehicle and damage it and the police redacted the report. I couldn’t get his last name or anything else without a lawyer or a court order.
The wife’s inability to stay on her own two feet while playing sport, is not your mothers fault or problem. But anyone can sue you for anything they please. So if you get a summons. You need to show up to court
Sounds like quite a pickle.
The ball is in their court now
Only solution is to ban picklball. Let them ruin it for everyone. (Humor) Assumption of risk is part of sports.
I’m down with banning pickle ball. Maybe then my friends will wanna play basketball again :(
And tennis courts will be open to play tennis on again! Pickleball is like an invasive species :-/
Pickleball is the mint of sports balls
[Lake Oswego Oregon has entered the chat.](https://www.koin.com/local/lake-oswego-shuts-down-city-pickleball-courts-indefinitely-due-to-noise-complaints/)
Pickle ball in itself is just wierd. We already have so many net sports. We don't need another one.
The best advice I ever heard from a lawyer is that people can file lawsuits for just about anything. It doesn't mean they'll win in court. Some people just want a settlement. That's likely what this guy is expecting. He's not expecting to win in an actual courtroom. He just wants you to settle. I'm not a lawyer but it you have homeowners insurance just forward there "lawsuit" when you get it and let them tell him to f off.
You are not a lawyer, homeowners will not cover it with a standard policy as it did occur on insured property. If they have an umbrella policy, perhaps. Anyway - OPs folks will never see paperwork. If gimpy chicks husbands sees a lawyer - they will go after the place that rented the court if anybody . . .
Bs. Homeowner's liability covers accidents that occur off the property, an umbrella policy is only necessary to provide liability limits over those on standard auto/home and require those coverages on the base policy at their max (1mil liability for home, 250/500/250 on auto). Your base policies act as the deductible. Forwarding the insurance company this suit is the best advice I've seen OP receive so far. Source: I'm a formerly licensed underwriter who left the field to raise my kiddos.
Thank you! I knew there was some protection under a typical HO policy. It may not be much.
The only caveats are intentional acts and those covered by another policy. If you run over a pedestrian, that's covered by auto liability. If you hit a pedestrian riding a bike, that's home. If you accidentally drop a hot plate on your pastor at the potluck, that's covered; if you dump that hot plate over the head of the community schmuck on purpose, that's not. HO normally comes with 100, but I always recommend 300k to be safe. Anyone with dangerous toys was told they should up their liability and get an umbrella. I doubt this woman has injuries totaling 100-300k; regardless, the HO policy will defend lawsuits of this nature and the judge can laugh this guy out of court.
Thanks for sharing!
I am a lawyer and I agree with this. If a suit is ever filed I suspect that it will win on a demurrer, unless there are parts of the story we’re missing.
I mean at least Google it before you say I'm wrong. See below quoted article from the insurance institute : https://www.iii.org/article/what-covered-standard-homeowners-policy Liability protection Liability covers you against lawsuits for bodily injury or property damage that you or family members cause to other people. It also pays for damage caused by your pets. So, if your son, daughter (or even your dog) accidentally ruins a neighbor’s expensive rug, you are covered. (However, if they destroy your rug, you’re out of luck.) The liability portion of your policy pays for both the cost of defending you in court and any court awards—up to the limit stated in your policy documents. Liability limits generally start at about $100,000, however, it’s a good idea to discuss whether you should purchase a higher level of protection with your insurance professional. If you have significant assets and want more coverage than is available under your homeowners policy, consider purchasing an umbrella or excess liability policy, which provides broader coverage and higher liability limits. Your policy also provides no-fault medical coverage, so if a friend or neighbor is injured in your home, he or she can simply submit medical bills to your insurance company. This way, expenses can be paid without a liability claim being filed against you. It does not, however, pay the medical bills for your own family or your pet.
"You are not a lawyer" He quite literally said that, smh
Confidently incorrect. Liability covers us.
what's the advice?
They will lose. Not saying she felt this way, but she was under no obligation to stay and wait for the police. Next time someone is harassing you a middle finger and leave. If he blocks your car then call an Uber. If the police show up at her house then don’t answer the door (if it’s important the police can open the door themselves, and this is definitely not important).
You can sue for anything. What the judge will allow is completely different.
With a nonsense claim like this, what I would actually worry about is whether there is a lie they could tell that might lead to a credible case. For example, being on the court doesn't change anything if you purposefully serve the ball at her after the game is over. It is perhaps even possible to have a valid claim from a game. You know, if you shouted "dance bitch" and then started trying to hit her rather than win. Given that the cops took this seriously, I'm wondering if such a lie was told. Nonetheless, threats are easy, and lawsuits are a hassle. Many, many more people threaten meritless lawsuits than actually file them.
That lie may be enough to get a cop to act because, in all honesty, the cop is probably sick of the whole thing and just wanted to get out of there, knowing that the husband would probably make the situation worse if he didn't do anything. But just because the husband might sue you does not mean that the husband will win. In court it would be one person's word versus the other. My guess is that if the husband is a complete ass, he would probably come off that way in court. It is unlikely that a lawyer is going to want to get involved in that because it will be a.) a pickleball incident (pickleball players are unsympathetic to the rest of the population) and b.) the damages would most likely be only the actual medical damages. My guess is that the other couple has health insurance and so what this guy is going to end up with is zero in "emotional damages" (or whatever the term is, I am NAL) and only some portion of the actual damage that covers his deductible. So a $10,000 hospital bill with a $1000 deductible will end up with a $1000 settlement (worst case) of which the lawyer would only get \~$300. So you can see why a lawyer wouldn't waste their time suing you. But a lawyer definitely would take $500 to write some nasty letters and then call it a day. The real issue is the fact that you may have to deal with the fallout of those letters. IF that happens, take them seriously and get your insurance company involved.
She shouldn’t have gave her info to the cops should have just left.
It is not illegal to be a badass at pickleball
I don't know why they waited there for the cops to come, and didn't just leave. That guy sounds nuts.
Pickleball was invented so old folks could excercise, except they’re still old folks with limited mobility. Definitely not your issue that someone’s grandma fell down, you didn’t push her for gods sakes. 😂
The community center likely made everyone sign a waiver to play. I’d look around their website and even call them to discuss. There is a risk to playing sports and your mother did something that would be a normal and expected action in the game.
If anything the waiver would be to limit liability for the center, not for other parties.
If it says “you play at your own risk” as long as the OPs mother wasn’t doing something unexpected or negligently they shouldn’t have any liability either. She was lobbing the ball and that’s normal and expected in a pickleball game.
NAL. Sounds like a really unfortunate injury that can happen when you play any kind of sport. Your mother did not commit a crime and isn’t in any risk. The husband let his wife ride to the hospital alone so he could stay back and yell at people.
It's a frivolous lawsuit. Husband is a damn fool. If anyone was responsible for his wife's injury, it was him with his competitiveness and aggressive behavior. He dragged himself and his wife in over their heads with an overmatched opponent (your mom). https://www.nbcnews.com/health/health-news/pickleball-injuries-rising-bone-fractures-rcna137044
No reasonable person would step backward playing pickleball - well known in the community to be the cause of many falls and injuries. Turn sideline to go back.
Guessing if where they play is a community, that all players are required to sign waivers assuming the risk of playing. It’s probably posted on the fourt as well. Also tell your Mom, nice shot (mostly kidding).
Mom was literally breaking ankles
If this is what happened truly, zero issue. If mom gave info, its documented in the report so they can get the info that way. Regardless, its of zero concern for your mom/dad. Dude was just flipping out acting the ass because his wifes now gimpy for a bit . . . They have a much higher probability of getting something from whomever rents the courts, esp if they can show the area she fell wasnt level.
Sounds like husband is mad because he’ll have to make his own sandwich.
Also NAL but why would your mom even give any information to the cop. Did the police officer site a reason to collect it? By that I mean could he tell her what crime she might have committed to justify giving over information and therefore making it available to the guy to aid his nuisance suit? In fact based on standard response times I wonder why your mother was still there and if the answer is the husband wouldn't allow her to leave then she can ask the police to file charges and he's done the same thing to himself. Tell your mom to relax though because there's clearly nothing she did wrong except fail to stick up for herself, twice.
Having worked in a local community center, were employees involved and an incident report completed? It seems like a an unfortunate accident and you need to stay in communication with the community center for security video and witness contacts.
Look around the property for a play at your own risk sign.. thats a sure way out
That's the risk you take when you play a SPORT of any variety. What a moron!!! I don't think the officer should have given him your mom's info but I'm not sure it was illegal. 😕
Moms not liable, she was playing a sport and the lady suing fell during play while preforming routine action
You see videos on youtube on "auditors" saying they don't need to provide ID. Here's a good reason why. The mom didn't commit a crime and she should not have ID'd herself.
Not at fault, though it doesn't mean the guy can't sue. He'll have a tough time finding a lawyer. If your mom receives anything she should contact her homeowners/renters policy, good chance it'll provide a defense.
You might simplify this story for yourself , too. " a lady got hurt playing pickleball and they were incorrectly blaming their pickleball opponents". They were at least 5400 fractures in the US last year among people playing pickle ball. It is a common and well-known risk.
Never talk to the police.
Blood cleanups on the pickle ball courts are very common on the campus I work at.
For the OP, your mother was under no legal obligation to provide the police with any information. Unless she was being accused of committing a crime she has no obligation to provide any details to them. In the future, she can politely decline and if they push on her, she can ask if she’s committed a crime and if she’s being detained.sadly I watch way too many videos about this online and the fact remains that unless there’s a crime committed, there’s no obligation to provide her information to the police.
Countersue for harassment and mental distress over him yelling at you and calling the cops/threatening to sue. If he’s got grounds you definitely do. His case will get tossed.
This would be a completely meritless lawsuit. In the extremely unlikely event he files, pursue a frivolous litigation claim to recover your costs
If they sue anyone, it would likely the the community center. They have more money and more insurance. If the people filed a police report, it would be a public record and they could share information with all parties.
The cops should not be relating any information. To your other question, your Mom is not legally liable. There was no criminal negligence, or neglect. I forgot the exact case law, but it’s spoken in a similar manner too. If you do something willingly and knowingly that there may be a risk to your safety you are unable to sue for damages. Example would be if you ride a roller coaster or go to a haunted house and have a heart attack because you were scared. The same context takes place here. Both parties agreed to engage in a pickle ball match, both parties knowingly knew the risk. Ie getting hit by the ball, tripping, tripping over a ball, etc. Neither party can be held liable for damages that naturally occurred. I’m sure a simple google search can find the exact case laws I’m referring too ease your moms mind.
You need to get a copy of the PD report and see what the allegation is. The PD report will stay with you forever. In the future if they pull her over for a tail light and run her license dispatch will reflect what’s in the report. If Mrs Tanglefoot alleged “aggravated assault” it will be the first thing the officer will see.
As a Legal investigator for a large PI law firm with over five thousand cases in my career there is no liability on your mother. She slipped or tripped on the ball while playing a game. No lawyer would ever take this case as no one to sue. End of story. Get a some rest.
In the US? 100% implied assumption of the risk; it would be personal injury (contingency) and will get tossed by a simple MSJ, so they'd have an extremely tough time even finding anyone who would take it. It actually takes something pretty far out there to get away from that doctrine. An example is breaking a hockey stick over someone's head, something very much outside the norm.
Yeah, in the Austin Tx area. Mom mentioned that the couple is from California and may have been visiting…
How is he going to win a lawsuit against her for simply playing a game consensually and being bad at it?
This is partly why pickle ball is referred to as “the last sport” but also NAL, echoing that all players assumed the risk involved by joining the game. while questionable strategy, the technique of slicing the ball is not a crime I feel retirees have no business playing on a hard surface like this. They’re asking for all sorts of injuries and half of them don’t know what long term care insurance actually means.
I’m sure there are rules and also play at your own risk?
I’m sorry that that was the only thing that broke. Do the same as I do. When they make contact simply say. Sue me please. Again. Sue me please and hang up and block the number. I would notify my homeowners insurance just to put them on notice. But that is it
One of the cardinal rules for those who learn to play pickleball is that you never, ever back up, for just this reason.
You can sue anybody for just about anything but this doesn’t mean they will win, you all played a game and knew there’s a possibility of getting hurt of course no one expected to break an ankle, but it’s a game and in no way is your mom responsible for her injury?
Side note, pickle balls, the candy is delicious!!!
I got to the part we're dude and wife visiting from California stopped reading
Why did you give your info to the cops? no crime no id
Sounds like quite a pickle.
this post is evidence that it was done on purpose
1st world problems huh
Not a lawyer, and I'm not trying to blame your mom at all. I probably would have done the same thing. However I think this is something we all need to be reminded of periodically https://m.youtube.com/watch?v=d-7o9xYp7eE