Liability And Personal Injury In Team Sports
Posted On behalf of Pfeifer Morgan & Stesiak on Jun 02, 2011 in Personal Injury
Kids get hurt in team sports, as do adult players. This is an unavoidable fact, and a risk that many are willing to take. Most injuries are a direct result of the sport, and are not cause for a personal injury suit. However, some injuries are outside the scope of the game, and beyond the control of the players. These include injuries resulting from faulty equipment, negligent maintenance, and even negligent instruction from the team coaches. Injuries from such actions can (and often should) end up in court.
Helmets with clasps that do not fit properly, materials used that promote slippage in high paced sports and even exercise equipment that fails to hold up to normal use are all incidents of product liability. The manufacturer is liable for damages when their product fails and causes injury under normal use. If you are injured, gather the equipment or get photos and contact your personal injury attorney for more information. Product liability claims can result in recovery for medical expenses, lost wages, any permanent and temporary disabilities that you may suffer.
The coaches and equipment maintenance personnel have the responsibility to ensure that the equipment used during the game is the proper equipment needed. Coaches are also responsible for teaching each team member the proper way to play each sport that will prevent injury while promoting the team’s competitive advantage. Although accidents do happen, team members who are not properly informed of the measures needed to prevent the accident may have a personal injury claim against the coaching staff for negligence in their instruction. Negligence can also be an improperly maintained playing field and failure to provide the team with the necessary equipment needed to play the sport. If negligence is suspected in your sports injury, consult a personal injury attorney immediately in order to get the case going.
In the midst of all this, the team player and/or his guardian must ensure that the player was fit to play before the accident. This means getting the required physicals and having the injuries directly related to playing the sport inspected before allowing the child to play again. Concussions are one concern that parents and players must be aware of. An injury to the head that seems minor, could be a concussion in disguise. Playing with a concussion can lead to permanent brain injury or death. Depending on the circumstances surrounding the injury, the parents or player may shoulder the liability because an initial check for a concussion was never performed. As the teams are picked and the game commences, players and parents should stay focused on safety during the game.
For the injuries that occur that are beyond our control, a South Bend personal injury attorney is there to decide who deserves to shoulder the liability.