A youth sports concussion does not always mean someone is liable. Any sport carries some risk, but a claim may be possible when specific conduct played a part, such as defective equipment, a coach letting an injured player keep playing, or a failure to follow evaluation protocols after a head injury.
Team sports are one of the best activities for kids, but a head injury such as a concussion is one of the most concerning risks.
Concussions Are Serious Business
A concussion is a type of traumatic brain injury (TBI) that results from a blow to the head. These injuries are most common in full-contact sports like football, but they can occur in just about any sport, for instance if the child falls and their head impacts the ground, floor, or piece of equipment.
While concussions aren’t generally fatal or life-threatening, they can have serious consequences, including brain damage. The risks only multiply when the young athlete experiences additional blows to the head over time.
Children’s sports often require wearing helmets, but a helmet must fit properly to be effective. Helmets must be replaced after a concussion to provide adequate protection.
Coaches, Schools and Return-to-Play Decisions
Just because a child has sustained an injury doesn’t necessarily mean a coach, school, or other entity can be held responsible. For one thing, parents are almost always required to sign waivers before their children participate in any physical activity. Any sport carries a certain injury risk; parents assume that risk by allowing their children to play. In Colorado, a parent’s signed waiver can release some negligence claims, but it cannot waive claims for willful and wanton, reckless or grossly negligent conduct. Claims against public schools also have special notice rules and deadlines.
However, there are exceptions. A helmet or other piece of equipment could have defects. A coach might let a player who suffers an injury continue to participate. The school’s or team’s medical professional could fail to follow evaluation protocols after a head injury and conclude wrongly that no concussion has occurred.
Considering Potential Negligence on a Case-by-Case Basis
Concussion symptoms can vary, as can their severity, so every injury or potential injury must be evaluated independently. Many factors are involved in a sports-related injury case, so it’s impossible to make blanket statements about liability or negligence.
Documents to Gather After a Youth Sports Concussion
If you are thinking about a claim, start with what your family already has. A lawyer can help you figure out what else may be available.
- Emails, texts or team app messages from coaches or the school about the injury
- Any waivers or registration forms you signed
- Incident or injury reports from the game or practice
- Medical records, doctor’s notes and any return-to-play clearance forms
- Photos of the equipment involved, and the helmet itself if you still have it
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Talk to Greer Law About Your Child’s Concussion
If your child has been injured during a practice, game, or scrimmage, and you think someone may be to blame, contact Greer Law to schedule a complimentary consultation. Fill out our contact form or call 303-331-6460 so we can evaluate your situation together.
