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Determining Who Is Responsible for Your Child’s Sports-Related Injuries
Across the United States, millions of children and teenagers, from grade school to high school, participate in sports or recreational-related activities. Each year, many of them are treated for injuries sustained while engaged in these activities. Most of the time, these injuries are minor, such as sprains or strains. Sometimes, sports-related injuries can be very serious and may even lead to death.
Every year, approximately 30 million children and teenagers partake in some shape or form of organized sports. According to studies performed by the National SAFE KIDS Campaign and the American Academy of Pediatrics, an estimated 3.5 million suffer injuries related to those activities. Roughly 775,000 children under the age of 14 are treated for sports-related injuries in hospital emergency rooms every year. About 21 percent of traumatic brain injuries among children are the result of sports and recreational activities. Some sports are more dangerous than others, but no matter what sport the child is engaged in, there is a potential chance of injury.
If your child suffered injuries as a result of participating in sports or recreational activities, you should contact an experienced attorney who will aggressively pursue the parties responsible for your child’s injuries and get your child the compensation he or she deserves.
Sports Injuries That Give Rise to Civil Liability
Typically, injuries related to overuse or overexertion do not give rise to civil liability. This does not mean that it never happens; it is just very rare. However, injuries caused by traumatic impact or by another participant may give rise to civil liability.
Civil liability usually arises in sports-related injuries that include:
- Concussions and head injuries;
- Injuries to the knee;
- Fractured bones;
- Internal bleeding;
- Spinal injuries; and
- Injuries to the back and neck.
Sometimes, these injuries can be the basis of a legal action for damages. When children and teens engage in youth sports or recreational activities, the athletic facilities and organizations are required to provide safe facilities and well-maintained equipment. If your child suffered injuries while participating in a sports or recreational activity while on the the premises, the athletic facility or organization could be liable for your child’s injuries. In some cases, the coaches, instructors or other participants may even be liable.
The Way Courts Address Sports Injuries
Generally, sports and recreational activities are physically demanding and sometimes dangerous. They usually involve a degree of risk to the participant. By agreeing to participate in the sport, your child will have assumed some risk of injury. That is why most schools, sporting or recreational facilities require you and your child to execute a release that will relieve them of legal liability for injuries. Depending on the situation, however, the release may not relieve them of legal liability.
Negligence is the most common basis of liability in sports injury cases. In order to prove negligence, you need to prove that the defendant had a duty of care, that the defendant breached that duty and caused your child’s injuries and that your child suffered damages as a result of those injuries. In some instances, like contact sports, you have to show that the individual acted with a reckless disregard for your child’s safety or that they acted to intentionally injure your child.
Consult an Attorney
Sports and recreational activities are meant to be sources of fun and entertainment. If your child suffered injuries as a result of participating in a sport, you should contact an experienced Milwaukee personal injury attorney who will be able to evaluate your child’s case and preserve your child’s rights.
