Youth sports in California are a common activity that many children and young teens participate in. However, when injuries occur, understanding who is to be held responsible can become challenging. Children who suffer repeated head injuries such as traumatic brain injuries may not be able to participate in youth sports if the proper steps are not taken to recover. Understanding youth sports concussions and how California’s return-to-play law determines liability for schools is crucial to keeping children safe.
Return-to-Play Law: An Overview
California's return-to-play requirements are intended to reduce the risk of additional brain injuries after an athlete experiences a suspected concussion. Oftentimes, schools and youth sports organizations are expected to do the following.
- Immediately remove an athlete from participation if a concussion is suspected
- Prohibit the athlete from returning to play on the same day
- Require evaluation by an appropriately licensed healthcare provider
- Obtain written clearance before allowing the athlete to resume participation
- Provide concussion education to coaches, parents, and athletes
These requirements recognize that concussion symptoms are not always immediately obvious. A student may appear alert but still suffer a significant brain injury that worsens if physical activity resumes too quickly.
Second Impact Injuries
One of the most important aspects of concussion management is preventing what physicians sometimes refer to as "second impact" injuries.
If an athlete returns to play before the brain has completely recovered, another hit to the head may significantly increase the risk of:
- Prolonged recovery
- Cognitive impairment
- Neurological complications
- Permanent disability
Who is to be Held Responsible?
When an individual gets a concussion, it does not automatically mean a school is legally responsible.
Potential legal issues may arise if evidence suggests that individuals responsible for supervising athletic activities failed to follow established safety procedures. Examples of this may include:
- Failure to Remove an Athlete
- Ignoring Reported Symptoms
- Returning an Athlete Too Soon
- Failure to Train Coaches
Warning Signs
Concussions are not always followed by a loss of consciousness. Parents, coaches, and teammates should be aware of symptoms such as:
- Headache
- Confusion
- Memory problems
- Dizziness
- Balance issues
- Nausea
- Sensitivity to light
- Sensitivity to noise
- Slurred speech
- Delayed responses
- Difficulty concentrating
- Behavioral or personality changes
Some symptoms may not appear until several hours after the incident.
Preserving Evidence and Documentation
Preserving the necessary evidence and documentation may be crucial after an injury occurs. When evaluating a youth sports concussion case, attorneys often review multiple forms of evidence, including but not limited to:
- Game footage
- Practice recordings
- Witness statements
- Coaching notes
- Athletic trainer documentation
- Emergency medical records
- Hospital records
- Neurological evaluations
- Return-to-play forms
- School policies
- Emails or communications between staff members
- Incident reports
Medical documentation often plays an important role in determining both the nature of the injury and the timeline of events.
Compensation
The effects of a concussion can vary from case to case. Some students recover within weeks, while others experience symptoms for months or even longer. Depending on the circumstances, damages that may be considered under California law can include:
- Medical expenses
- Future medical treatment
- Rehabilitation
- Neuropsychological testing
- Physical therapy
- Occupational therapy
- Counseling
- Educational accommodations
- Loss of future earning capacity in severe cases
- Pain and suffering where permitted under applicable law
The availability of damages depends on the specific facts and evidence in each case.
Legal Proceedings: Public School Districts
Claims involving public school districts are often very different from lawsuits involving private schools or youth sports organizations. California law generally requires compliance with government claims procedures before filing many lawsuits against public entities.
These procedures may include relatively short deadlines that differ from ordinary personal injury statutes of limitation. Missing an applicable deadline may affect the ability to pursue a claim. Since these procedural rules can be extremely complicated, families often benefit from obtaining legal guidance as soon as an injury occurs.
Seeking Support from A Legal Professional
Youth sports concussion injuries can cause various challenges and complications to many individuals and their families. Oftentimes, these cases pose multiple legal and insurance challenges, making it important to preserve necessary evidence throughout your case. In addition, it may be important to speak to a legal professional who can guide you through the claims process and ensure you are being protected and supported moving forward.
How KAASS LAW Can Help
Our legal team at KAASS LAW may help you understand the legalities of your case when being involved in a youth sports concussion accident. Oftentimes, determining liability may be complicated; therefore may be beneficial to speak to a qualified attorney who can help you understand your rights for the future. We may review available documentation, explain applicable California laws, and help you identify who may be liable for injuries. Call KAASS LAW today to learn more.