Is Anybody Liable When A Student Athlete Gets Injured Playing A Sport?

When our children play sports, whether for schools or cities or private organizations that offer athletic programs, and injuries happen, the cause of those injuries is often dismissed as being just part of the game or sports activity. And while there is some truth to that, you should not quickly assume that if a student athlete or a minor is injured during an organized sporting event such as a game or a practice, that there is nothing that could have been done.

The Natural Risks of Playing Sports

It is true that when our children play sports, to some extent, they (and their parents) accept the natural, expected risk that comes inherent in the participation in those activities. If you twist your ankle playing tennis or get a head injury playing tackle football, there is likely nobody liable; that’s an anticipated risk of the sport-you can take every precaution possible, and those injuries can still happen playing those sports.

When is there Liability?

But other times, that isn’t so clear–the injury that happens isn’t one that could reasonably be expected as part of the game or activity.

There are a few ways that courts look at these kinds of cases, to see if in fact a Defendant is liable for an injury that happens while playing organized sports.

One way is to ask whether the Defendant’s allegedly negligent actions or omissions increased the risk, or added a risk, that wouldn’t ordinarily have been there while engaging in the sporting activity.

Another way is to ask whether the sport could still be played, even with proper precautions.

As an example, you cannot play tackle football without risking head injuries. The game is violent and involves collisions, so you really cannot play tackle football, and at the same time, eliminate the risk of head injuries.

But imagine that someone is injured playing tackle football on and because of a poorly maintained field–maybe it is uneven, or has a hole in it that causes an injury. You certainly can fix the field, and still play the game (and in fact, it’s a good idea to do so).

Likewise for heat related injuries–imagine a coach doesn’t provide water breaks for his players. Heat stroke is not a natural result of playing football, and you can still play tackle football, while at the same time, taking precautions to ensure that players are properly hydrated.

The Response to Injury

Even if the injury sustained during a sport is a natural and expected consequence of the game, there can still be legal issues related to response. Imagine a tennis player who twists her ankle. Instead of taking her out of the match for further evaluation the coach or director or league allows her to continue to play, without medical attention, and her injury is made much worse.

Although the initial injury may have been a natural consequence of tennis, the failure to provide adequate follow-up safety measures, was clearly below the standard of care, and thus, negligent.

Was your child injured during any school related activity or at any sporting event? Contact our Rhode Island personal injury lawyers at Robert E. Craven & Associates at 401-453-2700 for help.

Source:

advocatemagazine.com/article/2022-october/the-coach-s-duty-to-student-athletes-and-the-assumption-of-the-risk-defense