A Salem, Oregon teen is suing his former school district after he suffered a traumatic brain injury as a result of slipping in another student's vomit on the basketball court. The lawsuit alleges that after a student vomited on the basketball court, the area was either not properly cleaned or not properly dried, and 15 year old Robert Amarillas, while playing basketball during an open gym session, slipped and fell on the vomit, or liquid left behind after cleaning it up.
The school district issued a statement in response to the previously filed lawsuit by Mr. Amarillas, which appears to have been voluntarily dismissed and just recently refilled. In their response, the district asserts that Mr. Amarillas was to blame for his own injuries, or perhaps someone else's misconduct was to blame. This case is not a typical negligence case as it involves not only premises liability, but school premises liability.