California, like all other states, provides after-school sports for children who want to be involved in them. Although all children may potentially be injured in any sport, basketball, wrestling, cheerleading, football and lacrosse seem to result in the most common sport-related injuries.
Most school sports require parents (and sometimes the student) to sign waivers of liability so that the student may be allowed to participate in a school sport. The waiver acts to relieve the school of liability, in the event, there is an injury to the student arising from “ordinary negligence.”
However, even when a waiver is signed and returned to the school, there are times when an experienced personal injury lawyer or professional is needed – and they may help prove your case against the school district. In doing so, you (and your child) may be awarded monetary compensation for your child’s injuries. Some damages that may be awarded include, but are not limited to: pain and suffering, medical bills, surgery (if needed), loss of income (if the child is currently employed, or if the parent(s) have to take time off to attend to the child), scarring and disfigurement.
School administrators, teachers, and coaches have a duty of care when overseeing a school sport. However, when a school administrator, teacher or coach’s duty of care falls below the standard of care and a student becomes injured, the school administrator, teacher or coach may be liable for the student’s injuries. In addition, there are also other ways in which the school district may be liable – where there is an unsafe condition, negligent hiring of a school administrator, teacher or coach, or simply when a staff member is negligent.
If you are uncertain whether your child may be awarded monetary compensation for a school sport-related injury, it is recommended you seek an experienced personal injury lawyer or professional so that you may better assess and understand you and your child’s rights.
Authored by Scott D. McDonald, Esq.