Student-Athlete Concussions: Can You Sue?

Concussions are a common injury with student-athletes. Even non-contact sports can lead to serious brain injuries when competitors accidentally collide or land on the ground. At Snyder Heitman LLC, we advise parents on their legal rights whenever a child suffers a brain injury in a school sporting event or while participating in a youth league. Contact our office to ask questions or to discuss your child’s injuries.

Can You Sue if Your Child Suffers a Concussion?

Concussions are major injuries, and they can impact the development of young brains. We understand why parents often ask about legal accountability.

The reality is that you might be able to sue, but we need to know more about the facts. Here are some important considerations:

1. Negligent Coaching or Officiating

For some sports, a certain amount of contact is inevitable. Not every collision can result in a lawsuit. However, you can possibly bring a claim if we have proof of negligence on the part of the school, league, officials, or coaching staff.

Some examples include:

• Failure to enforce the rules, leading to overly rough play.
• Ignoring signs of a brain injury and continuing to play your child.
• Inadequate safety equipment, such as defective helmets for football.
• Unsafe playing surfaces, including fields or courts.
• Allowing a dangerous athlete to participate.
• Delayed response to a possible brain injury.

Some injuries are pure accidents. Typically, we need more evidence; we need proof that someone failed to use reasonable care, and your child was injured as a result.

2. Liability Waivers: Are They Enforceable?

Many leagues will require that parents or guardians sign a liability waiver before their child can participate. These waivers seek to prevent parents from suing the school or league when an injury occurs. A key consideration is whether these contracts are enforceable.

Let us review the specific waiver you signed. Not every waiver will stand up in court and prevent a lawsuit. Some waivers are too broad and protect against grossly negligent or reckless behavior. We can argue that a waiver violates public policy and should not be enforced. As an example, the school might know that its football field is defective. If they continue to play on a dangerous surface, then they cannot hide behind a waiver because they knowingly took an unreasonable risk.

We Know How to Sue Schools

Because public schools are part of the government, strict limits apply to whether you can sue them.  You and your family need a lawyer who understands how to submit claims that comply with the state’s Tort Claims Act. We will meet all deadlines and gather sufficient evidence to show the school is liable for your child’s brain injury.

There are fewer limitations on lawsuits when a child is hurt playing for a private school or league. We can bring a claim against them as we would against any other private defendant, provided they are liable for the concussion.

Protecting Families for Decades

Snyder Heitman LLC brings high-level personal injury experience to each case that we accept. Contact our law firm today to speak with a Greenville traumatic brain injury lawyer. Our firm also represents those in Spartanburg and Upstate South Carolina.