Kids and Youth Sports Injuries
Let’s face it, all kids get hurt and when they do we call them resilient or we say oh they are kids and they will bounce back.
I’ve heard those comments my whole life especially when it comes to kids and sports.
Parents have good intentions when they sign their children up for youth sports programs.
Youth sports programs are usually a great thing for children that can teach invaluable skills that can last a lifetime.
However youth sports can have a darker side.
Every year thousands of children end up injured sometimes severely while playing youth sports.
But overall youth sports programs are a great thing for kids to take part in.
They teach skills like sportsmanship, team building, social skills, accountability skills and many other things.
But parents should do their homework before signing up kids for any sports program.
Like everything else, knowledge is power when it comes to youth sports.
Who Regulates Youth Sports Programs
You’d be surprised to know that the federal government does not regulate youth sports in any way and leaves it up to the state discretion.
Since there are no federal regulations or laws governing youth sports and each state is responsible, this leaves different rules in different places for different sports.
This can all be very confusing and since it’s children you would think they would have something in place.
In Nevada, The Nevada Interscholastic Activities Association is the state’s governing body for youth sports and sports teams.
They create and propose all regulations for youth sports in Nevada.
However this only covers public school sports.
Private schools, universities, and private sports clubs are allowed to have their own guidelines for rules and safety.
So doing your homework before signing up for any youth sports program is important.
Know who creates the rules and regulations for your specific sports program.
Who is Responsible for Youth Sports Injuries
This is why doing your homework is so important.
When you sign up for anything like youth sports you will be required to sign a waiver not holding the program responsible for anything.
We all have signed these documents but do they actually hold up in court and who is ultimately responsible for a child’s injuries in a youth sports accident?
When a child or adolescent is injured while playing youth sports who is ultimately responsible?
That depends on many factors like was there negligence involved?
Was there faulty equipment?
Did the coaches allow dangerous or violent behavior?
Were the playing conditions safe?
Answering any of these questions can determine who is at fault or held accountable.
- The facility or stadium- The outlet can be held responsible for injuries if the sporting event was held in a facility that was unsafe, not up to code, or held when weather conditions could cause injuries.
- Sports league or school- They can be held liable for children’s injuries if they are negligent in their care of your child or fail to stop violence or bullying. They can also be held liable if they perpetuate a culture of violence
- Equipment manufacturers- Many people don’t think about this but playing a youth sport like football requires a large amount of equipment. The equipment manufacturer can be held liable for injuries if the equipment was faulty and as a result your child was injured.
Just because you signed a waiver as a parent for your child to play youth sports doesn’t mean that someone can’t be held responsible for your child’s injuries if in fact negligence has occurred.
If your child was injured in a sports related accident contact The Richard Harris Law Firm today for a free consultation.
The Assumption of Risk
The assumption of risk basically states that you assume the responsibility that is equal to the sport.
There is an assumption of risk in all sports and most waivers will include the assumption of risk.
For example, if you sign your son up for football there is an assumption of risk for your son to get a concussion.
This is because concussion is a common occurrence in football at all levels even with a helmet.
The assumption of risk however does not include getting a staph infection in the locker room after the game.
In this case the assumption of risk is void since a staph infection is not an assumed injury in football.
Only an experienced attorney can work around the assumption of risk or make it work in your favor.
Don’t ever just assume that because of a signed waiver or a risk assumption that you don’t have a case if your child is injured in a youth sports accident.
Why are Child Sports Injuries Different From Other Injury Cases
There are a few reasons why cases involving a minor are different from other injury cases including sports injuries.
- A minor can’t file a personal injury case. The parent or guardian must file on behalf of the child.
- Any settlement money awarded to a minor must be placed in a trust fund that is held in the trust until the minor turns 18. In some cases the parent can have access to the funds to care for the minor child. This all must be established by an attorney.
- The parents or guardian cannot sign legal court documents under the age of 18 so the parents are required to sign as an agent of the child. Again these things are all set up by attorneys
Most Common Child
All sports have some common injuries that occur more often than others
- Sprains and Strains- these are the most common sport injuries for any sport adult or child. Sprained wrist and ankles are not life threatening or even permanent but they are painful and can take time to heal if they ever heal permanently at all.
- Broken bones- after sprains and strains this is the next most common sports injury. Broken bones can be a simple fracture to a compound fracture that can require surgery. In some cases they may never heal correctly and can require long periods of recovery
- Concussions or TBI ( traumatic brain injuries)- these are a very common injury in any contact sport such as football or hockey. Concussions can lead to severe brain damage as we have seen in many retired football players. Traumatic brain injuries are often permanently damaging and can require lifelong care for the injured party.
- Spinal cord injuries or paralysis- these are also fairly common in contact sports and again may require lifelong care for the injured.
All sports injuries are serious especially when your child is involved.
But after you have gotten your child medical attention you need to call a personal injury lawyer right away.
Never talk to any insurance company or another lawyer for the school, or sports team without proper legal representation.
Why Hire The Richard Harris Law Firm
When your child is injured in a sports accident the sports team, school, or facility will have a legal and insurance team ready.
Why shouldn’t you?
We know you have choices when it comes to your legal representation in Nevada.
The Richard Harris Law firm has been in the Nevada community for over 40 years.
We have recovered over $1 Billion for our clients.
We work on a contingency basis meaning we only get paid if we win your case.
We offer free consultations and case reviews.
Our clients are our number one priority.
We fight for you and will only accept the largest settlement allowable by law.