high-school-sports-injury-claim

Why Are High School Sports Injury Lawsuits Usually Dismissed?

With the weather turning cooler and the leaves falling from the trees, one thing matters more than most: Hockey season. Although there’s almost nothing better than a high school hockey game, if your child plays the game, then one of your major concerns might be what legal options you’ll have after your child suffers an injury.

Unfortunately, high school sports injury cases are often extremely difficult, and too often, these cases result in a dismissal. Learn more about the various factors involved in a high school sports injury lawsuit and find out why your family should consult with a personal injury attorney.

Negligence is Hard to Prove

The biggest responsibility in any personal injury suit, including those involving high school sports injuries, is proving that negligence of one party was the driving forces leading to the injury. In normal suits, this can be difficult to prove, and this difficulty only arises when it comes to high school sports injuries.

In a contact sport, such as hockey, injuries are bound to occur, even with the proper precautions. Due to this, proving negligence in a high school sports injury can be almost impossible, and without negligence, you will have a very tough time winning you case.

Waivers and Risk Assumptions

As previously mentioned, there is a certain assumption of risk when participating in a contact sport, and this assumption will be one of your biggest obstacles in winning your high school sports injury case. Even if there is some degree of negligence that is provable, the defense may attempt to claim that the knowledge that hockey or other contact sports are inherently dangerous excuses the negligence of the coach or the institution.

In addition, many schools require student athletes to sign some sort of indemnity waiver before being allowed to play any sports. If such a waiver exists, then it’s likely your case will be dismissed out of hand, as these forms completely protect schools from liability.

Circumstances Where a Case is Warranted

As you can see, there are a number of obstacles that may cause your high school sports injury case to be dismissed before it even gets underway. However, there are certain circumstances that may allow your case to continue to trial.

Despite the existence of a waiver, the coach and educational institution still have a responsibility to keep your child as safe as possible. If you find that a coach has allowed a preventable situation to injure your child, such as not providing adequate safety gear or forcing them to continue playing while already injured, then you may have a strong case.

Before taking any action against the coach or school, you should make sure to discuss your legal options with a personal injury attorney familiar with high school sports injuries.

Consult a Personal Injury Attorney

If your child has been injured while playing contact sports for their school, their future health and livelihood may be at risk. To make sure your child gets the compensation they deserve after a high school sports injury, you need to work with a personal injury attorney from Heuser & Heuser, LLP.

We can fight for you to make sure your child gets justice after their injury. Get in touch with us today to discuss the facts of your child’s case.