There is growing concern about the risk of brain injury in contact sports. Recent high-profile lawsuits by professional football players and hockey players have brought attention to the serious, long-term consequences of concussions and other traumatic brain injuries (“TBIs”).
Football and hockey are not the only sports that can lead to brain injury. Rugby, soccer, boxing, baseball, and martial arts are also sports that come with the risk of brain injury. Equestrians, gymnasts, skiers, snowboarders, and rock climbers are prone to head injuries, as are those who engage in recreational activities like sledding, ice skating, cycling, and skateboarding.
Let’s talk about preventing and recognizing brain injury in sports and liability for sports-related brain injuries.
Preventing brain injury in sports
Brain injuries can range from mild to severe. A concussion is a form of mild TBI that typically occurs because of a fall or hit to the head, neck, face, or other part of the body, which causes the brain to move inside the skull. Concussions and brain injuries can happen in any sport or recreational activity, but there are ways to prevent or lessen the impact of head injuries:
Wear the right protective equipment, such as a properly fitted, safety certified helmet that is specifically designed for that sport or activity and a mouthguard to cushion the force of impacts to the head and body, thereby reducing exposure to brain injury
Follow the rules and regulations of the sport or activity and listen to coaches, officials, and referees—they are there to protect you and other participants
Play fair and be a good sport—an unfortunate number of TBIs are linked to aggressive or reckless player conduct
Avoid dangerous behaviour such as hitting from behind, roughhousing, or helmet-on-helmet collisions
If you or your child suffers a head injury, fall, or blow to the body, take them out of the game/activity, follow concussion protocol, and seek medical attention to assess the presence and extent of any head injury
Follow the doctor’s treatment recommendations to promote recovery
Recognizing brain injury in sports
It’s so important to be aware of signs and symptoms of brain injury. Immediate signs of brain injury include headache, loss of consciousness, nausea, vomiting, dizziness, sleepiness, confusion, seizures, memory loss, and sensitivity to light and sound. If you or a loved one shows any of those signs or has other unexplained symptoms after a sport-related fall or blow to the head, see a doctor right away. Recovery may take longer, and symptoms may worsen if a concussion or other type of TBI goes unnoticed or untreated. Another important reason to seek prompt medical attention? The medical records from the hospital or doctor will be extremely important evidence should a personal injury lawsuit be warranted.
Liability for sport-related brain injuries
You may be entitled to receive financial compensation for a sports-related brain injury caused or contributed to by someone else’s negligence, recklessness, carelessness, or intentional conduct. For example, a sports-related lawsuit may arise from a coach’s failure to follow concussion protocol or to provide medical attention for an injured player. A claim may arise from another player’s excessively aggressive behaviour like checking or tackling after the whistle or throwing a stick/bat/club that hits a player in the head. Depending on the circumstances, you may also be able to bring a personal injury lawsuit due to harm caused by unsafe facilities, inadequate supervision, or a faulty consumer product (e.g., a defective helmet).
What you’ll need to prove to recover compensation depends on several factors, including whether the wrongdoer’s conduct was negligent or intentional. For example, to win a personal injury lawsuit rooted in negligence, the injured person (the plaintiff) must prove several elements:
The defendant owed the plaintiff a duty of care;
The defendant breached the duty of care (based on the reasonable person standard); and
The defendant’s failure to meet the standard of care caused the plaintiff’s injuries.
Once all three elements have been established, the plaintiff can be awarded compensation, including damages for pain and suffering, medical expenses, past wage loss, and loss of future income. The legal test is different if the personal injury claim is for intentional torts like assault and battery.
It can be challenging to prove liability in sports injury claims. Defendants in these kinds of cases can raise several types of defences, including the legal doctrine of “voluntary assumption of risk” (i.e., you accepted the inherent risks of the sport or activity, including the possibility of a brain injury, so you aren’t entitled to compensation). Sports clubs, leagues, recreational facilities, and tournament organizers often rely on signed waivers to excuse themselves from liability for personal injury. A skilled personal injury lawyer can help build a strong case and push back against any defences to your claim. The doctrine of voluntary assumption of risk doesn’t excuse unreasonable conduct. Waivers can be defeated if, for example, they do not specify the type of injury covered and they are generally not enforceable against children or youths.
Get Trusted Advice From A Brain Injury Lawyer
Sports injury lawsuits can be difficult to win and there is no simple answer on the amount of compensation you may be entitled to if you’ve suffered a sports injury due to someone else’s negligence or intentional misconduct.
It’s important to speak to a lawyer as soon as possible if you or a loved one has been injured in a sport-related accident. The personal injury lawyers at Littlejohn Barristers have experience in handling sports and recreational injury claims, including complex brain injury and spinal cord injury claims. We will give you clear legal advice and a better handle on what to expect.
Whether you simply have questions or are seeking representation, our team is happy to speak with you. Contact a sports injury lawyer in Barrie at 705-725-7355 for a free initial consultation.
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