Posted in Blog on July 1, 2019
If you have kids in middle or high school involved in sports, then you know there are risks of injuries. You may have even dealt with a few. However, sometimes high school sports injuries are severe. You need to know if anyone is liable if a serious injury does occur.
Many people automatically think of football when they think of sports injuries, but serious injuries can happen in any sports or recreation activity. This includes baseball, basketball, cheerleading, track, lacrosse, and more. With millions of teens participating in high school athletics all year long, there is a high potential for injuries.
According to the American Academy of Orthopedic Surgeons, some of the most common high school sports injuries include:
Filing a personal injury lawsuit against a school or district for an injury that occurred while your child was playing a sport is difficult. The law assumes that those who participate in these sports and their parents are aware of the “inherent risks” associated with their participation.
For most school-related activities, athletes and parents are required to sign a waiver containing a release. This release relieves the school and their staff from liability if an injury occurs. It should also be noted that public schools are shielded from liability for sports-related injuries (though this is not always true for private schools).
There are circumstances where a personal injury lawsuit against the school could be possible. This is true in cases where there was negligence on the part of the:
All of those parties have a duty to care for the students. When they fail to meet this duty, and an injury occurs that causes damages to the student, they could be held liable for the economic and non-economic losses a child and their family incurs.
Examples of this include:
We should also note that these incidents could become product liability if the equipment your child used was defective, and an injury occurred as a result.