Soccer is an increasingly popular sport in the United States,
particularly with the young. For some people, soccer represents a
safe alternative to football, which can cause concussions and
other injuries. However, soccer itself presents its own dangers
of traumatic brain injuries.
Soccer Head Injuries
Many people perceive soccer as a safer sport for children to
play than American football. Nevertheless, soccer can cause
head injuries. As the New York Times reported, at least one
soccer player suffers from chronic traumatic encephalopathy
(CTE), a neurodegenerative disease more closely associated with
NFL players. Soccer players can suffer head injuries in several
ways:
-Hitting the ground after an aggressive tackle
-Taking an elbow to the head
-Running into a goalpost
-Repeated heading of the ball
-A collision of heads when two or more players attempt to
head the ball
Some readers might feel surprised that simply heading the
ball can lead to brain injuries. Nevertheless, scientists
studying this issue have seen brain abnormalities in soccer
players who are constantly heading the ball. These
abnormalities can cause serious problems, such as:
-Memory problems
-Depression
-Anxiety
-Light-headedness
-Increased headaches
-Trouble sleeping
Scientists do not yet know how much force will cause brain
damage, but they do recommend that players younger than 14
not head the ball.
Assumption of the Risk
By its nature, soccer is a contact sport, and most
participants know that going in. For that reason, it can
prove difficult to bring a lawsuit for injuries your child
suffered on the playing field.
California's "primary assumption of the risk" doctrine
prevents lawsuits when the injury results from commonplace
physical contact in sports. In Knight v. Jewett, the
California Supreme Court considered whether someone injured
in a touch football game could bring a lawsuit for injuries
suffered when the defendant stepped on her hand. The court
decided that the injured plaintiff could not sue.
Specifically, the court held that the defendant only owed a
duty not to recklessly or intentionally injure other players,
and accidentally stepping on someone's hand did not qualify.
However, playing in a sport is not a complete bar to a
lawsuit. One key question was whether the defendant's conduct
was so reckless that it fell completely outside the range of
ordinary conduct involved in the sport. For example, somebody
deliberately punching your child will probably fall outside
the range of normal conduct. But other actions-even a rough
tackle-might constitute normal contact and bar a lawsuit.
Another question may be whether anyone took any action to
change the risks inherent in the sport or activity.
If you have questions, call the experienced personal injury
lawyers at Greene Broillet & Wheeler. They can help you
assess whether the injury you or your child suffered stems
from a reckless disregard for personal safety.
Suing a School
Another consideration is whether you have a valid legal claim
against the school or sports league in which your child
participates. Primary assumption of the risk will bar many
lawsuits-and in some situations, you may not be permitted to
sue the school even when a player deliberately attacks your
child. However, you might have a valid claim in certain
situations, depending on the circumstances, including:
-A defect on the field contributed to your child's head
injury
-Coaching staff trained your child improperly, which
contributed to a head injury
-The school did not follow the proper procedures after your
child suffered a head injury
If you have a valid legal claim, you can bring a lawsuit
against the school. However, the precise process will depend
on whether you are suing a public school or a private club.
Generally, California agencies and municipalities are immune
from lawsuits, and this includes school districts.
Nevertheless, the California Tort Claims Act allows you to
bring a lawsuit against a school district for negligence,
provided you give the district notice first. You should fill
out a claim form within six months of the injury. If you wait
too long, then you will not be able to sue.
Suing a private club is different because they are not
generally immune from lawsuits. Instead of following
administrative procedures, you can proceed directly to court
and file your lawsuit.
In either situation, contact the experienced personal injury
lawyers at Greene Broillet & Wheeler right away so they
can help you through the situation by properly filing your
complaint.
CONTACT A LOS ANGELES PERSONAL INJURY
LAWYER
Suing a school is complicated, especially when sports-related
injuries are at issue. To ensure you follow all requirements,
work with Greene Broillet & Wheeler. We have extensive
experience with these cases. Contact us today for your free
consultation by calling (866) 224-7865.