Like in any other sport, football injuries are inevitable. Knee injuries or fractures are part of the game, and they’re generally not compensable. They fall within the scope of the activity that comes with the sport. Personal injury attaches when injuries or death occur through activity not contemplated by the game. In some cases, more than one person or entity might share liability under California law. Those might include high school football coaches and the high schools that they work for. Read on to discover your rights when experiencing a high school football injury in California.
When Liability Might Be Because of a Coach
Every California high school football coach has a legal duty to exercise due care and caution for the safety of their players. That includes placing players in a position where there’s a foreseeable risk of harm outside the scope of high school football. Two prime examples of this would be:
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Holding two-hour practices in 100-degree heat
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Telling a player to get back on the field after he exhibits obvious signs of a concussion.
Under those circumstances, permanent organ damage or brain damage can result. Those injuries may well be compensable under California personal injury law.
But high school football coaches are either teachers, administrators, or independent contractors. They don’t usually have the means to cover a large settlement or award.
Vicarious Liability
Enter the respondeat superior doctrine. The doctrine tells us that an employer can be jointly liable. Any negligent act or failure to act by an employee while engaged in the course and scope of their employment can be compensable. Most high school football coaches are employees of a school district. Under the law of vicarious liability, that school district becomes party to a personal injury lawsuit that alleges negligence by a high school football coach. If a settlement commences or an award made, it’s likely that the school district or its insurer would be paying it. You probably won’t be able to file a lawsuit right away though. First, file a Notice of Claim within six months of the date of injury. Failure to file the notice within the timeframe will be cause for the dismissal of the suit.
But I Signed a Consent Form for My Son to Play on the High School Team
The signing of a consent form that allows your child to take part in a high school sport is a customary requirement. That form is actually a waiver of liability that protects the coach and school district. Its intention is to stop you from bringing a lawsuit as a result of an inherent risk of the sport. An example of an inherent risk might be a running back suffering a knee injury as a result of a tackle. Inherent risks don’t necessarily go as far as the negligence of a high school football coach though. You’ll want to speak with the high school sports injury lawyer at Maison Law about the details of your child’s case.
If a high school football injury in California is affecting your family, contact Maison Law. A free consultation and case evaluation may identify if the injury is a result of an act or failure to act that was outside of the scope of the sport.
The team at Maison Law will answer your questions and tell you your legal options. Remember that you only have six months from the date of injury to file and serve a proper Notice of Claim.
