When is an Athletic Association Liable for Sports Injuries?

Sports are a great way to stay active and develop teamwork skills, but they also come with the risk of injury. While some injuries are simply accidents, others may be the result of negligence. This raises the question: When is an athletic association liable for sports injuries? Understanding the circumstances that lead to liability can help protect athletes and ensure responsible parties are held accountable.

The Duty of Care

At the heart of determining liability is the concept of “duty of care.” Athletic associations, schools, coaches, and trainers all have a duty of care to ensure the safety of athletes under their supervision. This duty includes:

Providing a safe environment.
Maintaining equipment and facilities.
Enforcing safety rules.
Providing adequate supervision.
Offering proper training and instruction.
Having appropriate medical support available [11, 17, 18].

When these parties fail to uphold their duty of care, they may be found negligent and therefore liable for resulting injuries [29].

Negligence: The Key to Liability

Negligence occurs when an athletic association or related party fails to act with the level of care that a reasonable person would under similar circumstances [8, 17, 39]. To establish negligence, the following elements must be proven [18, 29, 35, 39]:

Duty of Care: The athletic association owed a duty of care to the injured athlete.
Breach of Duty: The athletic association breached that duty by failing to meet the required standard of care.
Causation: The breach of duty directly caused the athlete’s injuries.
Damages: The athlete suffered actual damages as a result of the injury, such as medical expenses, lost income, or pain and suffering [8].

Common Scenarios Where Liability May Arise

Several situations can lead to an athletic association being held liable for sports injuries:

Inadequate Supervision: Failing to provide proper supervision during practices or games can lead to preventable injuries [9, 11, 18]. This is especially true in youth sports, where coaches must continuously monitor and educate players due to their inexperience [9].
Negligent Coaching: Coaches must provide proper training and education, follow safety protocols, and act on injuries [7, 9]. Negligence can include failing to allocate adequate rest breaks, provide adequate equipment, explain governing rules adequately, or respond in time to medical emergencies [7].
Unsafe Playing Conditions: Athletic associations are responsible for maintaining safe facilities, including playing fields, courts, and gyms [9, 11, 17]. Liability may arise from failing to maintain playing fields or courts, repair known hazards, or provide trained supervision [11].
Defective Equipment: Poorly designed, damaged, or flawed equipment can pose a danger to athletes [7, 8]. Claims may be filed against equipment suppliers, retailers, or manufacturers if the equipment was defective prior to use [7].
Improper Medical Care: Athletic trainers, EMTs, and other medical staff can be liable for inaccurate injury treatment or diagnoses [9]. This includes failing to follow concussion protocols or allowing athletes to return to play before they are medically cleared [9, 30].
Failure to Enforce Safety Rules: Sports organizations must establish and enforce safety rules to reduce the risk of injury [17]. This includes having concussion protocols, limiting physical contact, and ensuring access to medical care [17].
Weather-Related Negligence: Ignoring weather-related safety protocols, such as those for heat or lightning, can lead to liability [30].

Defenses Against Liability

Athletic associations have several potential defenses against liability claims:

Assumption of Risk: This defense asserts that the injured party willingly participated in the sport, understanding and accepting the inherent risks involved [9, 14, 16, 18, 29]. However, this defense is not absolute and does not apply to reckless or intentional harm [9].
Waivers and Releases: Properly drafted and executed waivers or release forms can protect against liability by obtaining the participant’s agreement to assume risks and waive their right to sue for injuries arising from ordinary negligence [16, 29]. However, waivers do not always protect against gross negligence [29].
Comparative Negligence: If the injured party contributed to their own injuries through their own negligence, their recovery of damages may be reduced in proportion to their level of fault [16, 29].
Statute of Limitations: Each state has a specific time limit within which a lawsuit must be filed [16, 19, 23, 32, 33, 36]. Failing to file within this timeframe may bar the claim [16].

The Role of Insurance

Athletic associations often carry insurance policies to protect against potential liabilities [13, 21, 24, 27, 34]. These policies can cover medical expenses, legal fees, and settlements [13, 34]. The NCAA, for example, requires member institutions to verify that student-athletes have insurance coverage for athletic-related injuries [12].

Preventing Sports Injuries and Minimizing Liability

Preventing sports injuries is the best way to minimize liability [16, 26, 34]. Athletic associations can take several steps to promote safety:

Develop comprehensive safety policies and procedures [16].
Provide proper training for coaches, trainers, and staff [16].
Conduct thorough background checks on all personnel [16].
Maintain proper equipment and facilities [16, 17].
Enforce safety guidelines and rules [16, 17].
Provide appropriate supervision [16, 18].
Conduct regular safety audits [16].
Maintain proper records of athletes and coaches [16].
Communicate effectively with athletes, parents, and healthcare professionals [16].
Develop and regularly review emergency action plans [16, 22, 30].
Obtain appropriate insurance coverage [16, 21, 24, 27, 34].
Encourage informed consent from athletes and parents [16].
Continually educate and update on safety practices [16].

Recent Examples of Lawsuits and Settlements

Several high-profile cases highlight the potential liability of athletic associations:

Tyler Skaggs Case: The Los Angeles Angels reached a confidential settlement in a lawsuit over the drug overdose death of pitcher Tyler Skaggs [38, 40, 41]. The lawsuit alleged the team knew or should have known that a team employee was providing drugs to players [38].
Concussion Lawsuits: There has been a rise in lawsuits alleging the failure of schools, healthcare providers, and athletic associations to meet the appropriate standard of care in managing concussions [15].
High School Football Injury: A public school district agreed to pay a $4.4 million settlement to a former high school football player who suffered a catastrophic brain injury after athletic trainers allowed him to continue playing despite clear signs of a concussion [25].

Conclusion

Athletic associations can be liable for sports injuries when their negligence leads to harm. Understanding the duty of care, implementing robust safety measures, and maintaining adequate insurance coverage are crucial steps in protecting athletes and minimizing legal risks. If an injury occurs due to negligence, consulting with a personal injury attorney is essential to explore legal options and protect the rights of the injured party [8, 9, 14, 25, 29].