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Youth Sporting Injuries - Can Someone Be Held Liable?

April 8, 2015 | Category: Brain Injuries | Share

Safe Kids Worldwide reported in August 2014 that 1.24 million kids were seen in emergency rooms in 2013. Children 13-15 years old accounted for the largest number of injuries. Ninety percent of athletes said they had been injured while playing a sport, some seriously:

Concussions and head injuries - 12 percent

Dehydration - 24 percent

Broken/fractured bones - 13 percent

Sprains/strains - 37 percent

Sporting injuries happen every day to youth during games and during practice - skinned knees, bruised arms/legs, broken bones. They are all part of the game, right? Well, not necessarily.

"It may be possible to hold certain parties liable depending on the incident," said Naples Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Liability may be found, for example, for equipment manufacturers because of defective equipment, coaches or trainers who are not certified, or following, the correct procedures for handling youth sport injuries, outdoor fields which do not have lightening warning systems or do not provide adequate safety measures and maintenance to prevent injury, not using an AED (automated external defibrillator) when one is available, or not having one available. Also, if organized sports league standards and policies are not followed, there may be liability. These are just to name a few.

Youth Sporting Injuries-Can Someone Be Liable; Spivey Law Firm, Personal Injury Attorneys, P.A.By participating in organized sporting events, is consent an issue for participants? Consent can be an issue. There are many sports, including soccer, which requires parents to sign consent forms before their children can participate. These consent forms are designed to relieve the sponsors, schools, or owners of a business, from liability for any injuries that may occur as the result of the normal participation in the game or sport. However, signing the consent forms may not relieve the sponsors, or others, from negligence if they should have known there was a problem or sports violence.

Florida Statute 744.301 Domestic Relations - Natural Guardians (3) says that:

Natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity.

1. To rebut the presumption that the waiver or release is valid, a claimant must demonstrate by a preponderance of the evidence that the waiver or release does not comply with this subsection.

2. To rebut the presumption that the injury or damage to the minor child arose from an inherent risk involved in the activity, a claimant must demonstrate by clear and convincing evidence that the conduct, condition, or other cause resulting in the injury or damage was not an inherent risk of the activity.

3. If a presumption under this paragraph is rebutted, liability and compensatory damages must be established by a preponderance of the evidence.

"As you can see, liability in such claims as youth sporting injuries is complicated. It is important that if your child is seriously injured as the result of negligence on the part of others when participating in youth sporting events, you contact an attorney as quickly as possible," said Attorney Spivey.

 

Naples Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

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