Legal liability can extend to coaches, schools, and equipment manufacturers
Youth sports offer numerous benefits but also pose injury risks. This article explores common injuries, liability, and legal causes of action in New York.
According to a recent survey conducted by the National Survey of Children’s Health, more than 50 percent of youth ages 6-17 in the United States participate in organized sports.
Youth sports have been shown to improve children’s academic performance, teamwork and problem-solving skills, and mental and physical health.
Despite these benefits, participating in youth sports carries some risks. Injuries can and do occur, raising important questions about liability when they happen.
Participation and injury rates
The majority of youth in the United States participate in organized sports, and New York is no exception. The state’s diverse range of sports programs attracts millions of young athletes annually.
This high participation rate correlates with a significant number of injuries. According to the Stanford Children’s Health Hospital, more than 3.5 million children aged 0-14 get injured playing sports every year.
Are some children being priced out of youth sports in New York?
Youth sports can be financially challenging for many families. According to the Aspen Institute’s Project Play, the average cost for a single child’s primary sport per season in fall 2022 was $833. For families earning $150,000 or more annually, this average rises to $2,068. As a result, nearly half of the families involved in youth sports report struggling to afford it.
The 2020-2021 National Survey of Children’s Health revealed that only 34.1 percent of children from the poorest families participated in sports teams or received coaching outside of school, compared to 67.7 percent from the wealthiest families.
Racial and ethnic disparities also exist in youth sports access. In New York, black and Hispanic students have fewer sports teams available compared to their white and Asian peers. For example, black or Hispanic high school students typically have access to a median of 15 teams, while white students have 24, and Asian students have 26.
Advocates have long called for better sports access, leading to a class action lawsuit by New York Lawyers for the Public Interest against the city in 2018. Despite some progress, such as the addition of 64 new sports teams in 2023, including 19 at small schools, many requests for new teams have been denied due to funding constraints.
Identifying common youth sports injuries
Youth sports injuries vary widely depending on the sport, age group, and level of play. Here are some of the most common injuries seen in youth athletes:
- Sprains and strains: These injuries occur when ligaments or muscles are overstretched or torn. Ankle sprains are particularly common in sports like basketball and soccer.
- Fractures: Broken bones can result from direct impacts or falls. Contact sports like football and hockey often see a higher incidence of fractures.
- Traumatic brain injuries: A traumatic brain injury (TBI) is an injury to the head from an external force that results in cognitive dysfunction. Football and cycling cause the highest number of brain injuries each year.
- Stress fractures: Repeated stress on bones can lead to small cracks, commonly seen in the legs and feet of runners and gymnasts.
- Dislocations: Joints, such as the shoulder or kneecap, can become dislocated during high-impact activities, leading to significant pain and disability.
- Tendinitis: Inflammation of the tendons, often due to repetitive motion, is common in sports involving throwing or jumping, such as baseball and volleyball.
- Growth plate injuries: The growth plates, areas of developing cartilage tissue near the ends of long bones, are susceptible to injury in young athletes, particularly those involved in intense training regimes.
Determining liability for youth sports injuries in New York
In order to recover damages for a sports injury, you’ll have to show that someone other than your child was responsible (or at least partially responsible) for your child’s injury. Here are some potentially liable parties:
- Coaches and trainers: Coaches and trainers have a duty to provide safe training environments and to ensure that athletes are properly conditioned and equipped. Negligence on their part, such as inadequate supervision, improper training techniques, or failure to enforce safety rules, can lead to liability.
- Schools and sports organizations: Schools and sports organizations are responsible for maintaining safe facilities and equipment. They must also ensure that coaches and staff are adequately trained in safety protocols. If an injury occurs due to unsafe conditions or lack of proper oversight, these entities may be held liable.
- Equipment manufacturers: Faulty or unsafe sports equipment can contribute to injuries. Manufacturers and distributors of sports gear have a responsibility to produce and sell safe products. If an injury is caused by defective equipment, the manufacturer may be liable under product liability laws.
- Other players and parents: In some cases, the actions of other players or their parents can contribute to injuries. While this is less common, intentional or reckless behavior leading to injury could result in liability for the individuals involved.
Exploring possible causes of action in youth sports injury cases
The most common cause of action that is brought after a youth sports incident is negligence. To prove negligence, a plaintiff needs to establish the following elements:
- The defendant owed the plaintiff a duty of care: In most cases, a defendant will owe the plaintiff a duty to exercise “reasonable care.” In certain situations, the defendant will owe the plaintiff a more specific duty of care.
- The defendant breached the applicable duty of care: The defendant might breach the applicable duty of care by, for example, failing to remove a player from a game despite obvious signs the player suffered a concussion.
- The plaintiff was injured as a direct result of the breach: The defendant’s breach must be the direct cause of the plaintiff’s injuries.
While negligence is by far the most common cause of action in youth sports lawsuits, it’s not the only cause of action available. Here are some other causes of action that may apply:
- Premises liability: Premises liability may apply if the injury occurred due to unsafe conditions at a sports facility. Property owners and operators have a duty to maintain safe premises. Failure to address hazards, such as poorly maintained fields or broken equipment, can lead to liability.
- Intentional torts: In rare cases, intentional actions, such as assault or battery, may be the cause of a sports injury. These actions involve deliberate harm inflicted by another player, coach, or parent.
- Product liability: If a defective piece of equipment caused the injury, a product liability claim might be appropriate. This type of claim holds manufacturers, distributors, and retailers accountable for selling unsafe products. The plaintiff must demonstrate that the equipment was defective and that the defect directly caused the injury.
- Medical malpractice. A medical malpractice claim might be appropriate if a doctor failed to properly diagnose a participant’s condition or gave improper advice.
Learn more about the liability issues that arise when children are involved in accidents.
Common defenses in youth sports injury lawsuits
Defendants in youth sports injury lawsuits employ several common defenses to mitigate or completely avoid liability. Understanding these defenses can help you prepare a stronger case.
- Assumption of risk: One of the most common defenses is assumption of risk. This defense argues that the injured athlete knowingly and voluntarily assumed the inherent risks associated with the sport. To counter this defense, the plaintiff must show that the injury was caused by risks beyond those typically expected in the sport.
- Comparative negligence: Defendants may claim that the injured athlete's own negligence contributed to the injury. In pure comparative negligence states like New York, the plaintiff's recovery may be reduced by their percentage of fault.
- Waivers and releases: Many sports organizations require participants to sign waivers or releases intended to limit an organization's liability for injuries. However, these documents are not always ironclad. For example, under New York General Obligations Law Section 5-326, waivers exempting pools, gymnasiums, and other places of recreation are unenforceable. Plaintiffs should carefully review any waivers and consult with an attorney to assess their enforceability.
- Lack of causation: Defendants might argue that their actions did not directly cause the injury. Establishing a clear causal link between the defendant's conduct and the injury is essential for a successful claim. Medical records, expert testimony, and eyewitness accounts can help demonstrate causation.
Steps to take after a youth sports injury
Nobody wants to think about their child suffering an injury. However, parents who are prepared to take the necessary steps following such an injury are more likely to be able to put forth a strong case to get their children the compensation they deserve.
Here are some steps you can take after a youth sports injury:
- Seek medical attention: Even if the injury appears minor, it's essential to seek medical attention. A healthcare professional can provide a thorough evaluation, diagnose the injury, and recommend appropriate treatment. Early intervention can prevent complications and promote faster recovery. What’s more, seeing a doctor starts a paper trail that can be used to support a later claim.
- Follow treatment plans: Adhering to the prescribed treatment plan is crucial for a successful recovery. This may include rest, physical therapy, medications, or surgical interventions. Coaches and parents should support the athlete in following the medical advice and attending all follow-up appointments.
- Document the injury: Maintaining detailed records of the injury and treatment can be beneficial, especially if legal action is considered. Document the circumstances of the injury, medical reports, treatment plans, and any communications with coaches, trainers, and medical professionals.
- Consider legal advice: If the injury resulted from negligence or unsafe conditions, seeking legal advice is advisable. A personal injury lawyer can evaluate the case, determine liability, and guide the family through the legal process. Understanding the legal options can help secure compensation for medical expenses, pain and suffering, and other damages.
By understanding the risks, legal implications, and potential causes of action, you can better protect young athletes and ensure a safer and more enjoyable sports experience.
See our guide Choosing a personal injury attorney.