Suffered a Concussion While Playing Sports?

There are some inherent risks present in every sport which are mostly balanced out by the benefits that individuals receive from playing. However, it is the responsibility of youth sports programs, athletes and parents to ensure that risks other than the inherent ones are controlled.

Zimmerman & Frachtman personal injury attorneys can help injured athletes understand their rights and help them if they have a just cause to pursue legal action against a business, in spite of a liability waiver. 

Call us now at (954) 504-6577 or contact us online to set up a free consultation session to find out more.

​About Sports-Related Concussion Injury​​

CDC estimates that 1.6 – 3.8 million concussions happen every year. Out of these people, 173,285 require treatment in the emergency department for concussions and TBIs (Traumatic Brain Injuries). In any sports season, almost 5 to 10% athletes sustain some form of concussion. With football or soccer, the risk of concussion for men is 75% while the same for women is 50%. Other sports with high risk rates for concussion include girls’ softball, boys’ baseball, boys’ wrestling and boys’ basketball. Despite these statistics, diagnosis and reporting rates are low for concussions.

Common symptoms include headaches followed by dizziness, slurring, memory issues, coordination and balance issues, slow reaction time, sound and light sensitivity, and dazed state.

Concussion Awareness: New Guidelines

According to the American Academy of Neurology’s new guidelines, concussions should be diagnosed by doctors on a case to case basis. The athletes who are suspected of having a concussion should be removed from play immediately. Coaches have also been trained on concussion awareness so that the symptoms can be recognized and dealt with. This is mainly because of pressure in sports where boys and girls are asked to “man up” and ignore symptoms.

Liability Waivers in Sports

A sports organization or institution can be held liable for a sports-related concussion if it fails to meet certain legal standards related to the care and safety of athletes. Here are some key factors that could establish liability:

• Negligence: If the organization or institution fails to provide a safe environment or proper medical care, it may be found negligent. For example, if they do not implement adequate concussion protocols or fail to enforce rules designed to protect players, they could be held liable.
• Failure to Follow Protocols: Many sports organizations have concussion management protocols, including baseline testing, monitoring, and return-to-play guidelines. If an institution does not adhere to these protocols or fails to update them according to the latest medical standards, it may be held liable.
• Inadequate Training: Organizations have a duty to ensure that coaches, staff, and medical personnel are trained to recognize and properly manage concussions. If there is a lack of training or failure to educate those involved in athlete care, liability could be established.
• Informed Consent: If athletes are not properly informed about the risks of concussions or are not given adequate information about their condition, the organization could be found liable for failing to obtain proper informed consent.
• Reckless Conduct: If an organization or institution acts recklessly or disregards known risks, such as allowing a player to return to play too soon after a concussion, it may be held liable for resulting injuries.
• State and Local Laws: Liability can also depend on specific state or local laws governing concussion management in sports. Some jurisdictions have laws that mandate concussion protocols and define responsibilities for sports organizations.

Most sports organizations and institutions require parents and children to sign liability waivers stating that all legal rights against the business would be waived off by the individual signing the waiver. However, in Florida, it should not be assumed that this liability waiver is binding and legal in all circumstances. As per Florida law, “due care in a reasonably prudent manner” should have been exercised in order for the liability waiver to hold.

How We Can Help