Who is liable for a child’s sports injury? Is it the school, team, or coach?
Here’s what you should know about liability and negligence around your child’s Illinois sport of choice, including rules for safe play and how coaches and trainers should follow mandatory protocols for safety.
Youth sports.
If you’re a parent of a child or teen, this either makes you wildly enthusiastic about scholarships, glory and some version of the Friday Night Lights, or you’re getting a little stressed about costs, carpools, uniforms... and injuries.
Youth sports can be fun and fulfilling for your child and for you, but it’s not without risk. If your child is injured while participating in sports, your first priority is to help them heal and maybe get back out on the field or court. But then, you might be thinking about who’s liable and whether there might be some reason to file a personal injury lawsuit on your child’s behalf. We’ll take a look at some of the legal angles to Illinois youth sports injuries.
In youth sports, the activities with the highest injury rates are generally those with high physical contact, high-speed movement, and frequent jumping or abrupt changes in direction.
Types of youth sports with the most frequent injuries
- Football. This might seem like a no-brainer, and it’s not an exaggeration. Common injuries include concussions, fractures, ligament tears, and sprains, especially to the head, neck, and extremities.
- Basketball. Ankle sprains, knee injuries like ACL tears, and fractures are the most common injuries in basketball. There are frequent injuries caused by contact with other players, abrupt changes in direction, and jumping.
- Soccer. The most common soccer injuries are ankle and knee sprains, concussions and leg fractures. They’re often caused by running, quick direction changes, and player contact.
- Baseball and softball. There’s usually less player-on-player contact in these sports, but there are significant overuse injuries, especially to the shoulders, elbows and hands. This comes from pitching and fielding. There are also sliding accidents that result in fractures and sprains.
- Wrestling. Wrestling can lead to a variety of musculoskeletal injuries, particularly to the shoulders, knees and neck. Because it’s a very physical contact sport, participants are also at risk for concussions and skin infections.
- Cheerleading and gymnastics. These sports are often not perceived as “athletic,” but they are rigorous and stressful on the body. There are high injury rates from falls, stunts and repetitive strain. Often, cheerleaders and gymnasts are treated for fractures, dislocations and serious head and neck injuries.
- Hockey. Ice hockey has a high injury rate, especially from concussions, fractures, and bruises. The combination of physical contact, puck impact, and skating on ice increases the risk of injury.
Looking at young athletes, the most common injuries generally include concussions, sprains and strains, fractures and dislocations, and overuse injuries. Preventive measures like proper training, strength conditioning, and using safety equipment have helped reduce some injury rates in youth sports, but the nature of certain sports still poses higher risks for young athletes.
Illinois school sports injuries and liability
If you’re a sports fan, you’ve undoubtedly seen a group of medics and doctors hover around an injured athlete on the field or court, often wheeling the player off on a stretcher, and then you wait for the news to report on their condition.
And while high school players’ conditions don’t make the ESPN news, the rate of injuries in high school and middle school sports is about the same as for professional athletes.
Usually, a school will require a parent to sign a permission form for their child to play a sport. The parent is asked to sign an agreement that they understand the normal risks of the sport and won’t hold the school liable if their child becomes injured.
While every sport has some reasonable level of risk, there are situations when the school or team could be held liable because an injury results from negligence.
Assumption of risk is a legal argument used by a defendant to show that the victim knew the risks of a particularly dangerous activity and chose to participate, regardless. This is a valid argument, and there are lots of risks assumed in playing sports. For instance, a football player knows they will be tackled and the dangers. A gymnast knows their hands could get sweaty and cause them to lose grip on the uneven bars, resulting in a fall. A soccer player knows they could get hit in the head with a ball or be on the ground and stepped on by a player in cleats. These situations are likely not the result of negligence—it’s just how the game is played.
Negligence is a lack of reasonable care to prevent injury. Negligence does happen on school sports teams on occasion. Here are some examples:
- Injuries from team hazing or initiation rituals
- Injuries from overtraining and poor coaching, pushing a young athlete too hard and not training in a way that’s appropriate for their age and physical maturity
- Injuries caused by a dangerous condition (i.e. slippery fields, broken equipment, etc.)
- Injuries caused by a lack of adult supervision
- Injuries that would have been prevented but for the athlete having damaged or inadequate safety gear, or incorrect safety gear
To prove negligence, you must show that the school was negligent. This might mean proving a lack of adequate supervision, unsafe or outdated sports equipment or facilities, employees lacking proper safety training, insufficient medical protocols or staff on-site, or similar.
Liability of Illinois coaches and organizations
In loco parentis
This Latin phrase literally means “in place of the parent.” Coaches and school staff are often in a position of in loco parentis, so the coaching staff is responsible for acting in the child’s best interests while under their care. They must make reasonable efforts to keep young athletes safe.
Training and certification
Illinois requires coaches to be trained in recognizing injuries like concussions, following safety protocols, and managing other health risks, particularly in contact sports. A failure to maintain proper certification or to act in accordance with training can expose coaches and organizations to liability.
Emergency medical response
Schools and sports programs are expected to provide prompt care when a child is injured. Illinois law generally supports the “Good Samaritan” principle, which protects those who provide emergency assistance from liability, but organizations may still face liability if they fail to ensure timely medical intervention or lack emergency protocols.
Product liability for sports equipment
If a youth sports injury results from defective equipment, there may be grounds for a product liability claim. This could apply to helmets, padding, or other safety gear that failed to perform as intended and caused or worsened an injury. In these cases, liability might extend to the manufacturer, distributor, or retailer.
Illinois concussion protocols and the “Return to Play” law
Youth Sports Concussion Safety Act
Illinois has specific laws regarding head injuries in youth sports. Under the Youth Sports Concussion Safety Act, schools and youth sports programs must have protocols in place to manage concussions. These include mandatory coach training, proper assessment of injured players, and guidelines for a gradual return to play.
Return to Play Rules
Illinois law requires that any child suspected to have a concussion must be removed from play immediately and cannot return until a licensed health professional has cleared them. Failure to follow these protocols can lead to liability issues for schools or organizations.
Illinois law addresses youth sports injuries by placing responsibilities on coaches, schools, and organizations to provide safe environments and proper care, while also protecting young athletes. This is achieved through mandatory protocols, especially concerning head injuries. Legal actions usually depend on proving a failure to meet these standards or the injury resulting from negligence that exceeds inherent risks.
See our guide Choosing a personal injury attorney.