Who Is Liable for Injuries at Sporting Events?

High school sports programs are popular with students who sign up for a wide variety of other sports. As with any type of physical activity, there is a risk of injury. According to data collected by Johns Hopkins Medicine, around 3.5 million children ages 14 and younger get hurt each year playing sports. If your child is injured while engaged in sports at school, who is liable?

Types of Injuries

School athletic programs in West Virginia provide an opportunity for students to sign up for football, baseball, soccer, field hockey, volleyball, wrestling, basketball, hockey, cheerleading, gymnastics, and track and field. Here are some of the types of injuries that could occur during practice or a game:

• Sprains
• Fractures
• Broken bones
• Bruising
• Laceration
• Concussions
• Muscle strains
• Dislocations
• Traumatic brain injury
• Assumption of Risk

When your child signs up for any sports program, there is an inherent assumption of risk. That means that during normal play and practice, there is a chance your child will be injured. It can be a hard tackle, a misstep, or a collision on the field. In any of those normal instances, you could not sue for damages. In fact, you might have even signed a release at the start of the program stating that you assume the risk.

Additionally, the West Virginia legislature enacted a law protecting healthcare providers who provide immediate care. That law states the following:

“Any person licensed by, or certified or registered in, this state or another state to provide health care or professional health care services: (1) Who is in attendance at an athletic event sponsored by a public or private elementary or secondary school; and (2) who gratuitously and in good faith agrees to render emergency care or treatment to any participant during the event in connection with an emergency arising during or as the result of the event, without objection of the participant, may not be held liable for any civil damages as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment.”

Liability Exceptions

Even though there is an assumption of risk, there are exceptions where you could hold parties liable for the injuries sustained by your child. Consider the following:

Intentional Acts

Sports can get heated, but that is no excuse for violence. If another player intentionally injures your child in a fight or hurts them intentionally after the play has stopped, you could hold them and their parents liable for the injuries.

Recklessness

An athlete who recklessly injures another athlete may be held liable. For instance, a baseball player could be angry at himself and throw a bat. If that bat hits another player and hurts them, that thrower could be liable.

Products Liability

Playing sports involves a lot of equipment. If that equipment causes injury or doesn’t protect a player like it is designed, it could be subject to a product liability law. That can lead to a viable claim.

Negligent Coaching

Coaches should encourage their athletes to do their best. However, that encouragement should not come at the expense of putting those players at risk. This could be an issue with outdoor practices in extreme heat. In that scenario, if a coach doesn’t provide adequate breaks and hydration, he could be held liable for injuries.

Spectator Injuries

Off the field, injuries could be sustained by the friends and families of the athletes who attend the games. If there is an accident in the bleachers or parking lot, there might be a consideration for a premises liability issue. There could be a slip and fall accident on floors or steps that haven’t been properly maintained. Additionally, there might be an incident that occurs due to a lack of security at the game.

Everyone attending a game expects to do so in a safe environment. It is the responsibility of the school to maintain those areas and provide for the wellbeing of all of those in attendance. Failing to do that can make them liable for injury damages.

Viability of the Case

Before proceeding with a lawsuit, you must speak with the attorneys at Hendrickson & Long, PLLC. We can help you understand the liability laws and discuss the merits of your case. Most of all, we offer support as you go through this challenging situation. Call to set up a free consultation today.