Who is Liable for a School Sports Injury? Herrman & Herrman

Injuries at School Sporting Events - Who is Liable?



School sports are a treasured part of American culture.

Children and their parents look forward to the changing of the seasons and the competition each new sport brings.



Everyone involved hopes that all the practices and games will go off without a hitch and that nobody ever gets injured.



But that’s almost never the case.



Athletes get hurt all the time, and it’s usually an accepted part of playing.



There are many common sports-related injuries such as...



Heat Exhaustion and Heat Stroke.



Bone fractures and sprained joints.



Concussion or Traumatic Brain Injury.



Severe paralyzing injuries of the neck or spine.



The parents’ medical insurance will need to provide primary coverage because the law assumes participants knew what they were getting into when they started playing.



Therefore, it’s difficult to hold the school responsible for an injury.



Additionally, public schools are shielded from most liability for sports-related injuries because they are regarded as a government agency.



Some schools will also require athletes to sign a waiver containing a release clause that exempts them from being liable for any injury inherent to that particular sport.



Schools are not allowed, however, to waive risks that are not considered intrinsic to the sport.



Even though schools are generally protected from liability for an athlete’s injuries, they have a duty of care to students.



If they are found in violation of this duty of care and determined to be negligent, they can be sued successfully.



Proving negligence against a school is a very challenging task that’s best left to the skills of an experienced personal injury attorney.



If your child has been seriously injured in sports related activity, call the Herrman & Herrman Injury Attorneys right away for a free case evaluation.