If your child is injured in the normal course of participating in a sport, then the assumption of risk doctrine will likely make it more difficult for you to hold anyone else responsible. This doctrine holds that anyone who participates in a sport assumes certain dangers that are inherent in that sport.
Although lawsuits having to do with sports injuries are rare, in certain circumstances liability can be imposed, especially if it can be proven that the injuries were the result of intentional infliction of harm or negligence.
For example, if a player violates the rules of a game and purposely injures another player, the injured player may be able to charge the other player with battery. Consequently, the player who violated the rules may be liable for the other player’s damages.
Other examples of negligence can include:
- Unsafe facilities
- Unsafe equipment
- Lack of a competent coach (negligent supervising or training)
- Forcing an injured player to play
- Moving an injured player unsafely
- Allowing mismatched players to play
- Noncompliance with Workers Compensation laws
- Failing to certify a player’s physical condition
- Manufacturing unsafe equipment
If your child is injured while participating in a school sport, you should be aware that, as a governmental entity, school districts generally could not be sued for a personal injury. Every government entity has a procedure in place for personal injury claims and you should consult with an experienced personal injury attorney for assistance.
If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.
Justin is an attorney at Roberts & Roberts and focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. He has earned recognition as a “Top 40 Under 40” Trial Lawyer by the National Trial Lawyers. Prior to joining Roberts & Roberts, Justin served as an attorney in all three branches of Texas’s state government, including as a Briefing Attorney on the Texas Supreme Court. He also represented electric and natural gas utilities in complex regulatory proceedings before the Public Utility Commission of Texas and the Railroad Commission of Texas. Justin is a published author in the St. Mary’s Law Journal.