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Who Can I Hold Liable for My Child’s High School Sports Injury?

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On August 3, senior football player Jefferey Cox sustained severe spinal injuries after a routine scrimmage practice. He now attends a long-term treatment program at Vanderbilt University Medical Center, but doctors have told Cox and his family he may never walk again. Sports injuries are common in Tennessee high school football players and can range from minor to severe, but who is to blame when a child is injured on the field?

CAN I HOLD ANOTHER PARTY LIABLE AFTER A SPORTS INJURY?

In amateur sports, the general rule is “no injury liability,” which means that injuries are an accepted risk of playing high school sports. However, there are rare cases in which a third party might have legal liability for any serious injuries.

If your sports injury was the result of “unreasonably aggressive behavior” on the fault of another participant or player, the assumption of risk would not bar you from attempting to file an intentional tort lawsuit against that person who assaulted you. This situation happens in “unsportsman-like conduct” circumstances that can occur during a scrimmage or game.

Also, if your sports injury was caused by sports equipment or some kind of defective product that did not perform the way it should have during the situation, you could potentially seek a product liability lawsuit against that manufacturer. For example, this could occur if a helmet breaks during a football tackle leading to a serious concussion, or a golf club head detaches and hits someone else resulting in a brain injury.

If you or someone you know has been injured while playing amateur sports in Tennessee, you should first speak with a personal injury attorney who can give you more information. Contact the Law Office of Stanley A. Davis today for your free consultation.

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