Over a million concussions will be among kids who play sports this year. These can be distressing, severe incidents for the young victims and their families. The legal options for what transpired may occasionally be a concern for parents. In order to better comprehend sports concussions and litigation, James Galleshaw, a personal injury attorney, wants to provide you with some information.
Is there any bad luck involved here? Another option would be to file a lawsuit and seek damages.
Sports Involve a Risk Assumption
The short answer is no; you typically lack legal justification for bringing a lawsuit. You agree to let your child participate in sports knowing there is a chance of injury.
Indeed, the type and degree of danger can differ by sport. We can all agree that tackle football, pole vaulting, and bowling have different risks. Various levels of danger are also present when participating in sports competitions, practices, and trips. Certain aspects of some sports are more difficult to manage or anticipate. A cross-country runner, for instance, will compete in many settings with varying terrain and environmental conditions.
Your signing a waiver acknowledging these hazards and promising to do your part to follow safety procedures was probably required by the school or sports group your child joined. A good youth coach will explicitly alert young athletes to potential dangers and lower the likelihood that they will suffer harm. Sports concussions and lawsuit danger are both reduced by these measures.
When Is a Sports Team or School Liable for a Head Injury?
Schools or other organizations may, on occasion, be held accountable for your child’s sports injury or concussion. You would need to demonstrate that someone breached their obligation to take reasonable precautions to keep your child safe to establish a personal injury case.
Here are a few possible scenarios:
- A coach may put his team in an especially hazardous scenario by having them scrimmage against a team older than them.
- An athlete struck in the head is not examined before being allowed to resume play.
- Unable to recall their product despite being aware of a flaw, a helmet maker.
- A well-known, physically aggressive bully is one of the best athletes. So that he can stay on the team, his behavior is tolerated.
Let’s say one of the situations above led to a child suffering a concussion. The parents might be able to take other legal action against the responsible party in addition to filing a personal injury claim in this situation.