Has your child been injured while playing in a sports league or participating in other community recreational activities? While your first reaction may be frustration, it is important to keep calm and determine what options you have. Children are very resilient, but severe injuries can lead to lifelong complications and sometimes ongoing medical treatments. Protecting your rights and the rights of your child is important to ensure that you will have what you need to deal with any medical problems your child may incur.
Can I file a claim even if I signed a waiver?
When your child joined a little league or other recreational team, odds are you were required to sign a releasement of liability waiver. While this waiver is made to prevent the organization from being liable in the event of an injury, it does not remove all chances of filing a personal injury claim. The court system tends to look down on these blanket waivers, and a good attorney should be able to navigate their way around one if the injury was due to negligence or misconduct that could have been prevented.
How do you prove that fault lies with the organization?
Injuries can be expected in recreational sports activities during routine play, but the organization in charge of the league is responsible for taking necessary measures to protect participants. Some of their duties include:
- Providing officials that are properly trained in rules and safety
- Providing appropriate equipment and safety gear that is in working order
- Providing a properly maintained field or playing environment
Failing to provide these may open up the league to liability for injuries that occur during one of their events.
What injuries are a result of the organization failing in their duties?
Such things as collisions with other players or being hit by a ball would be considered player incurred injuries. Where the organization can be found to be lacking in proper duty is an instance where their failure to maintain and supply proper equipment and safety protocols has resulted in a child being injured.
One example could be a child suffering a head injury after a batting helmet cracked or a chin strap broke upon impact. Another area where injuries can result in lawsuit claims is poor maintenance in the field of play. If your child is running on a field and steps into a hole, it can be argued that the field was not maintained in a safe playing condition.
Additionally, there are cases where the official fails to enforce proper safety rules and injury results, such as by allowing unapproved equipment or failing to enforce require required safety equipment while on the field.
If your child was injured while playing a recreational sport and you would like more information on whether or not you might have a personal injury claim, contact an attorney today to protect your child's rights.