When Can You Sue for a Sports Injury?
Fall sports are in full swing, and with them comes the possibility of concussions, broken bones, torn ligaments and other injuries.
Anyone who plays football, soccer, basketball, hockey or another sport understands that injuries can happen. Parents may even be asked to sign a waiver acknowledging those risks before their child takes the field or court.
But accepting the normal risks of a sport doesn’t necessarily mean accepting every risk. When an injury is caused by negligence, dangerous conditions, defective equipment or intentional misconduct — rather than something that is simply part of playing the game — the injured athlete may have grounds for a legal claim.
Here are some situations in which sports injury legal claims could happen.
Defective Equipment or Unsafe Facilities
Sports equipment is designed to perform safely and, in many cases, protect athletes from injury. A football helmet, hockey mask or other protective gear that is defectively designed or manufactured may fail when a player needs it most. Problems can also arise when recalled or damaged equipment remains in use.
Other equipment — including bats, hockey and lacrosse sticks, goals and even exercise or training equipment — can potentially cause serious injuries when it is defective or improperly maintained.
The place where the game is played matters, too. Fields, courts, gyms and other athletic facilities should be reasonably safe for their intended use. A large hole in a playing field, broken equipment, dangerous debris or another known hazard that isn't addressed could potentially lead to a premises liability claim if someone is injured as a result.
Negligent Coaching or Supervision
No coach can prevent every injury. Coaches can, however, take reasonable precautions to protect the athletes in their care.
Depending on the sport and circumstances, that can include providing rest and hydration breaks, making sure equipment is functioning properly, teaching safe techniques and enforcing safety rules.
Coaches and other responsible adults also should respond appropriately when an athlete shows signs of an injury or medical emergency. A player who may have suffered a concussion, for example, should not simply be sent back into the game without appropriate evaluation.
Supervision is especially important when children are involved. Schools, athletic organizations and clubs generally have a responsibility to take reasonable steps to protect young athletes from foreseeable harm. When inadequate coaching or supervision contributes to a serious injury, there may be questions about whether negligence played a role.
When Contact Crosses the Line
Physical contact is an expected part of many sports. A hard tackle in football or a collision in hockey, for example, may result in an injury even when everyone is playing within the rules and normal expectations of the sport.
But there can be a difference between aggressive play and intentionally hurting someone. An athlete who deliberately attacks another player outside the normal course of play may potentially be held responsible for the resulting injuries. The same may be true when a spectator or someone else intentionally harms a player.
In some circumstances, liability may extend beyond the person who caused the injury. If a school, coach, league or facility knew that someone posed a serious danger to others and failed to take reasonable precautions, that conduct may also need to be examined.
What About the Waiver You Signed?
A signed waiver can be important, but it does not automatically eliminate every possible legal claim. Sports injury cases often turn on exactly what happened and whether the injury resulted from an inherent risk of participating in the sport or from conduct or conditions that went beyond those ordinary risks. The language of the waiver and the law in the state where the injury occurred may also matter.
That is why a serious sports injury deserves a closer look, particularly when there are questions about equipment, field conditions, supervision, medical response or another person's conduct.
Tom Duffy once obtained $36,000,000 for a student who suffered a paralyzing injury on a field trip. If you or a loved one have been injured at a sports event or practice and you are unsure of your legal rights, contact a top Philadelphia athletic injury attorney.