As a parent, there’s nothing quite as heart-wrenching as seeing your child suffer an injury, especially in an activity they love. Youth sports, from soccer to gymnastics to football, provide countless benefits—teamwork, resilience, and discipline, just to name a few.
In Los Angeles County alone, the LA84 Foundation reports that 82% of youth, ages 6-17, participate in a sport. Participation is high across the state as well; according to the California Interscholastic Federation, education-based sports attracted nearly 764,000 student athletes during the 2022-2023 school year.
As with any activity, sports participation comes with risks. Concussions are, for example, common in both high school and college football (the most popular sport among boys in California) and soccer (the girls’ favorite sport).
The Issue of Liability
If your child has been injured during a sports event or school practice, you may be wondering what went wrong and, more importantly, what you can do about it. While some injuries are simply part of the game, others may be the result of negligence, unsafe conditions, or a lack of proper supervision.
Understanding when liability arises, and how to pursue legal action, can help ensure your child gets the care and support they deserve. In this post, we’ll explore the common scenarios in which schools, coaches, and sports organizations may be held responsible for injuries and outline the steps you can take if you believe negligence played a role in your child’s accident.
Assumption of Risk in Youth Sports
In California, participation in youth sports generally involves the concept of “assumption of risk”. This legal doctrine means that by participating in a sport, athletes are assumed to be aware of the inherent dangers associated with it. For example, a soccer player is presumed to know that they could trip, fall, or be accidentally kicked. This assumption of risk typically shields schools, coaches, and sports organizations from being held liable for injuries stemming from the normal course of play.
However, the assumption of risk is not a blanket protection. Liability may arise if an injury is caused by something outside the normal scope of the game or by negligence on the part of those responsible for ensuring the safety of participants.
When Can Schools or Coaches Be Held Liable?
While many injuries are seen as inherent risks, there are situations where the negligence of a coach, school, or sports organization can make them liable for a child’s injuries. Liability may arise in several key circumstances:
- Inadequate Supervision: Coaches, school officials, and event organizers have a duty to properly supervise student-athletes during practice, games, and events. If an injury occurs due to lack of supervision or inattentiveness, there may be grounds for a personal injury claim. For example, a student left unattended during a practice or game who sustains an injury could trigger liability on the part of the coach or school.
- Unsafe Equipment or Facilities: Schools and sports organizations have an obligation to provide athletes with safe equipment and maintain safe playing conditions. If faulty equipment, poorly maintained fields, or improperly secured facilities lead to injury, the responsible parties can be held liable. This could include failing to repair a hole on a soccer field, not replacing broken goalposts, or providing helmets that do not meet safety standards.
- Negligent Coaching or Training: Coaches and trainers are responsible for teaching athletes how to safely play their sport. If a coach encourages overly aggressive behavior, fails to teach proper techniques, or neglects to recognize signs of injury (such as concussion symptoms), they may be found negligent. Encouraging dangerous drills or allowing an injured athlete to continue playing could open the door to legal action.
Example: Collegiate Cheerleader Case
In one notable case, a former collegiate cheerleader filed a lawsuit against the University of California, Berkeley, and her former coaches for negligence. The young female suffered multiple concussions while on the cheer team but was pressured to continue performing stunts despite her injuries. As reported in The Guardian, the lawsuit alleges that her coaches ignored concussion protocols and disregarded her symptoms, resulting in severe long-term brain injuries. This case demonstrates that even in collegiate-level sports, when proper safety protocols are ignored, schools and coaches can be held accountable for negligence, just as they can in youth sports.
Failure to Provide Proper Medical Care
Schools and youth sports organizations are responsible for ensuring that prompt medical attention is available when injuries occur. This could mean ensuring that a trained professional is on-site during games or practices, or making sure that emergency procedures are followed in the event of a serious injury. A failure to respond quickly and appropriately to an injury could lead to liability if the injured athlete suffers further harm due to delayed care.
Waivers and Releases in Youth Sports
Many youth sports programs require parents or guardians to sign waivers and release forms prior to a child’s participation. These documents typically attempt to limit the liability of the organization or school in the event of an injury. But it’s important to know that waivers do not provide absolute protection against liability.
In California, waivers cannot protect against claims of gross negligence or intentional misconduct. If a school or coach’s actions go beyond ordinary negligence and demonstrate reckless disregard for the safety of the children, the waiver may not be enforceable. An experienced personal injury attorney can help determine whether a waiver applies in your specific case. (Read our post on this topic: Do Liability Waivers Hold Up in Court?)
Steps to Take If Your Child Is Injured in a Youth Sports Event
If your child has been injured during a school sports event or youth league game, it’s important to take the right steps to protect their health and legal rights:
- Seek Immediate Medical Attention: This goes without saying but ensure that they receive proper medical care as soon as possible. Even if the injury seems minor, it’s important to get a professional evaluation to rule out any long-term or hidden damage.
- Document the Incident: Gather as much information as you can about how the injury occurred. Take pictures of the scene, the equipment involved, and any visible injuries. Get the contact information of any witnesses who saw the incident.
- Obtain Copies of Medical Records: Keep detailed records of all medical treatments, diagnoses, and recovery plans. This documentation will be essential in building a case for damages.
- Consult with a Personal Injury Attorney: If you believe that your child’s injury was the result of negligence, you should consult with an experienced personal injury attorney. They can help you evaluate the circumstances and determine if legal action is warranted. (Reading tip: Finding Your Champion: What Sets the Best Personal Injury Law Firms Apart?)
Penney & Associates Can Help
At Penney & Associates, we understand the physical, emotional, and financial toll that a sports injury can have on a family. Our experienced personal injury attorneys in California have helped families seek compensation when negligence is at play. If your child has been injured in a youth sports or school event, contact us for a free consultation. With offices across the state, including Chico, Los Angeles, Rocklin, Roseville, Santa Clara, Sacramento, and more, we can help you navigate the complexities of your case and get the compensation you deserve.
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