Playing sports as a child or adult is one of life’s most precious experiences. I have seen countless children here in Mississippi grow into respectful members of the community because of the lessons learned on the playing field or court. But what happens when the experience is not positive because of a severe injury or death? These cases are rare but heartbreaking. While injuries are a normal part of athletics, some severe injuries and death are avoidable with adequate policies and equipment in place. What happens when a sports league fails to put sufficient safeguards in place to protect participants? The courts have found that sports leagues can be liable if they fail to take adequate precautions to protect participants.
If you or a loved one was injured while playing in a sports league, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
Understanding How Sports Leagues Can Be Liable for Injuries
Sports are inherently risky and almost always result in some injury. Generally speaking, when a person participates in a sport, they “assume the risk” of participating in that sport. “Assumption of risk” is a legal term that means that when a person knowingly decides to enter a risky situation, he or she accepts the risks posed by that decision. The classic example is the person who plays hockey assumes the risk that he or she may fall on the ice and get hurt.
Increasingly though, I am seeing more cases where adult and children’s sports leagues are being held liable for injuries that occur in the course of the game. But what differentiates this type of liability from ordinary cases where a person assumes the risk? In short, if a league fails to reasonably protect participants from known risks by implementing and enforcing safety rules, it can be held responsible for injuries that arise.
This issue has been highlighted in the context of sports-related concussions. People have been receiving concussions from sports as long as people have been playing sports. Historically, athletes were told to “shake it off” when they “got their bell rung” in a game or practice. Now, however, medical evidence has clearly demonstrated that even minor concussions can result in significant brain injuries over time. As a result, every sports league in the country has developed a multi-step “concussion protocol” that must be followed before an athlete can return to physical activity. Using concussions as an example, if a league failed to have a concussion protocol, sent a child back into a game after she took a severe blow to the head and felt nauseous, and the child then developed brain damage, the league may be liable for failing to meet the standard of care to protect the child. A similar argument could be made for a field hockey league that did not mandate eye protection, a football league that had old or insufficient helmets, or any other sports league that ignores current safety standards.
What Should You Do If You or a Loved One Has Been Injured While Playing Sports?
If you or a loved one was injured while playing organized, you might have a negligence claim. The strength of the claim will depend on the factors listed above, but you will need to speak with experienced counsel to assess how these factors align with your facts. Once a claim is filed, let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the sports league’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury while playing organized sports. Contact us now at (800) 707-9577.
