Hundred of thousands of students across the United States participate in school athletic events. Many of these events include contact sports that have a high risk of injury. The following discusses the liability of public schools for injuries to student athletes in school athletic events.
Can A Student-Athlete Recover For Injuries Suffered As A Result Of Participation In A School Sponsored Athletic Event?The general rule is that a public school cannot be held liable for injuries sustained during a school sporting event. There are several reasons for this, including:
- maintaining athletic teams is a vital part of physical education
- participants accept an assumption of risk when engaging in the sport
- liability is generally limited with respect to government agencies, such as public schools.
Are There Instances Where The General Rule Limiting Liability Does Not Apply?The specific facts of a case will usually determine whether or not an individual will be able to recover for injuries, but successful arguments for recovery have been made on the following grounds:- permitting injured, unfit, or unequal players to compete
- providing unsafe facilities or equipment
- negligently moving an injured player
- failure to employ a competent coach
- failure to provide proper supervision or training
Did the School's Negligence Cause the Injury?Schools are responsible to provide ordinary care to participants in school sponsored athletic events. Since this is fairly broad and most schools adhere to ordinary care guidelines, then liability for injuries are usually going to be based upon negligence or extraordinary risk. This will be balanced, however, against the assumption of risk or contributory negligence of the participant. Do I Need A Personal Injury Lawyer?Due to the limited liability of schools with respect to school sponsored athletic events, seeking out out an personal injury attorney will assist in determining the liability of the school and the probablility of success in a sports related personal injury case. |
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