In general terms, if your child’s concussion was the result of a hard tackle, you more than likely do not have a lawsuit because of the “assumption of risk.” This means that if your child participates in a dangerous sport, such as football, they assume the risk of suffering an injury.
However, you may have a case if one or more of the following is present:
- Intentional Act: If another player intentionally injured your child you may be able to file for any losses. This situation normally revolves around something like a fight or intentionally trying to injure your child after play was stopped.
- Reckless Behavior: If another player was reckless and injured your child, they may be liable for any injuries your child suffered.
- Product Liability: If a piece of your child’s sports equipment was wearing at the time they were injured had a defective design, manufacturing defect, or was marketed inappropriately, and that piece of equipment caused your child’s injury, you may have a case.
- Negligent Coaching: In a case where your child’s coach wasn’t able to or didn’t recognize your child’s inability to compete at a certain level, or there was an inherent danger in playing the football game, they may be held liable for any injuries your child suffered.
Are Written Releases Enforceable in South Carolina?
It could be that you and/or your child had to sign a release that releases the owner of the football field or other party from liability if your child is injured. These types of releases are shrouded in controversy.
If you or your child signed a release form and was injured because of someone else’s negligence or willful act, you should contact a South Carolina sports concussion attorney to discover if the release was valid.
If Your Child Was Injured Playing High School Football
Your child’s coaches and teachers have a duty that is referred to as: “in loco parentis.” This means “in place of a parent” that includes protecting your child from any foreseeable injury. This doesn’t mean that your child’s school still may not be liable for your child’s injuries.
Your child’s school and coach have a duty to make any reasonable effort necessary to protect your child from being injured. Reasonable efforts on the part of your child’s school include, but may not be limited to:
- Allow the proper space needed for games and practices
- Make sure all safety protocols and standards are followed
- Inspect all areas for any possible hazards
- Inspect and select all sports equipment
- Evaluate the football field before every activity
- Monitor the play and practice areas for safety and security
If your child’s coach and/or school made a mistake or failed to perform any duties that any athletic director would normally do, then they acted negligently and the school could be responsible for the injuries caused by the negligence of their staff.
What is the Duty of Care Owed to My Child While Playing High School Football?
Duty of care means that your child’s school must do everything reasonable to protect your child and other students from harm, injury, and death. This includes providing the proper safety equipment to all students.
School authorities must eliminate or repair any dangerous conditions promptly and ensure that your child and the other students receive the proper supervision while they are on school grounds, school-provided busses, and while off school property at a school-sponsored, extracurricular activity such as playing in a football game.
How Do I Know if I Have a Case For My Child’s High School Football Concussion?
Not all concussions can lead to taking legal action, but it’s important to consult with a knowledgeable South Carolina sports concussion attorney. At David Aylor Law Offices, we have assisted children and their parents to receive the compensation they deserve due to a concussion while playing football.
You have a right to know that your child is safe while at school. At David Aylor Law Offices understand that accidents can and do happen, and school administrators, teachers, and coaches must do anything that is reasonably possible to minimize accidents and the injuries that occur as a result.
Contact David Aylor Law Offices as soon as possible after your child’s high school football concussion to for a free no-obligation consultation to discuss any possible legal actions that may be available to you and your child.