Suing for Your Child’s Traumatic Brain Injury During Sports

Many parents in Owings Mills encourage their children to remain active by playing sports. High Schools in Maryland have a rich athletic tradition, and team sports can help children build confidence, social skills, and strength. However, there is an inherent risk of injury whenever a child steps onto a football field or ice rink. Traumatic head injuries have the potential to alter your child’s life forever. What can you do after your child’s head injury during sports in Owings Mills? Can you sue?

Assumption of the Risk Defense 

Parents suing for child head injuries during sports face one notable challenge: The “assumption of risk” defense. Whether you’re suing a school or a private sports association, they will undoubtedly attempt to claim that you and your child voluntarily assumed the risk of injury when you agreed to participate. They will argue that a reasonable parent would understand these obvious injury risks, and they should not be held liable for the TBI as a result.

In the legal world, this doctrine is called “volenti non fit injuria.” The rough Latin translation is “Those who are willing have not been wronged.” In other words, you cannot sue if you willingly put yourself in a dangerous situation.

You Can Still File an Injury Claim in Many Situations

 Although the Volenti Doctrine poses a challenge, you can still file an injury lawsuit in certain situations. You may have agreed to let your child play football or hockey, but this doesn’t allow coaches and staff to subject players to unnecessary risks. A reasonable parent assumes that coaching staff will take basic steps to protect child players from preventable head injuries. In the legal world, this is called a “duty of care.”

Negligent parties may violate their duty of care in various ways. For example, your child might have suffered an obvious concussion while playing football. They may have asked to be substituted, but the coach might have forced them to remain on the field. Alternatively, the coach may have withdrawn your child from the field – only to send them back into the fray moments later. In their dazed and confused state, they might have suffered a second head injury.

Various lawsuits have explored the possibility of suing schools and sporting associations for more subtle forms of negligence. For example, some have argued that full-contact sports without protection (like rugby) are essentially a form of child abuse. Others argue that coaches should be sued for teaching incorrect or improper techniques that increase the chances of head injuries.

Contact an Experienced Traumatic Head Injury Lawyer in Owings Mills 

The road to recovery may be unclear after your child’s head injury. However, there is no need to continue alone. With help from Furman Honick Law, you can assess your legal options and take action. A lawsuit may be possible, and this can provide your family with much-needed financial support during your child’s healing process. A TBI lawsuit can help you cover medical expenses and any income you lost while caring for your child. It may also cover emotional distress, PTSD, and other psychological disorders. Book your consultation with our experienced Baltimore traumatic head injury lawyer to learn more.

Sources: 

law.cornell.edu/wex/volenti_non_fit_injuria#:~:text=Volenti%20non%20fit%20injuria%20is,assumption%20of%20the%20risk%20doctrine.

apnews.com/article/concussion-rugby-world-cup-head-injuries-lawsuit-036474d99ba9583c74625bf211768b80