School Sports Injury Lawsuit
Sports Injury Lawsuit
School athletics are a great way for a young person to stay fit and active. They can enjoy learning about teamwork, sportsmanship, and other very important life lessons. If your child has a school sports injury, what can you do? You might think you have an open and shut case. But, do you actually have a school sports injury lawsuit?
Recreational Immunity
When anyone plays sports, there is a certain amount of inherent risk. This means a person playing understands they could get injured. It’s possible even with precaution an injury could occur. Every school has waivers to sign before a student can play team sports. These waivers cover activities within the scope of the sport.
This does not mean a school can exempt themselves from all liability. Injuries caused by risks not related to the sport could be grounds for a lawsuit.
Do I Have A School Sports Injury Lawsuit?
My social studies teacher and I would get into lengthy discussions. This was at the junior high level. We’d talk about social injustices. Civil liberties. Current events. “Couldn’t they sue them?” (I was very litigious, even back then) This was my teacher’s favorite question to answer. “Of course, anyone can sue anyone. But, would they be successful?”
There are instances when a school sports injury lawsuit would be successful. The biggest reason against a case is the recreational immunity statute. Every player understands there is a certain amount of risk in playing a sport. Most school sports injury lawsuits are not successful for this reason. But in cases of negligence, there may be a case.
Proving Negligence
When it comes to seeking damages in a civil lawsuit, you have to prove negligence. Negligence needs to have caused the injury or made the injury worse.
Examples of school sports negligence:
- Inadequate Supervision
- Poorly Maintained or Damaged Equipment
- Poorly Maintained or Hazardous Facilities
- Poorly Maintained or Hazardous Play Areas
- Defective Equipment (Product Liability)
- Ignoring Injury Symptoms
- Improper Examination Following an Impact or Injury
If any of the above examples caused your child’s school sports injury, you should speak to a lawyer.
When To Call An Injury Lawyer
If your child has a school-related sports injury, it doesn’t hurt to contact an attorney. An injury attorney will listen to your situation and explain how the law relates. Your meeting is confidential and the lawyer will not discuss it with the school. Consulting with a lawyer can help you understand your options.
Lancaster Area Sports Injury Law Firm
At Haggerty & Silverman, we understand the frustration you feel. We want to help you understand what your legal options are. Call or text us at 717-397-3200 to set up a free and confidential consultation. Or fill out our online contact form and a member of our legal team will contact you. Our office is in Lancaster city. We serve people in Lancaster County and throughout Pennsylvania. Our office has been helping people like you since 1994.