Cheerleading and gymnastics are popular sports amongst children and teens, especially in California. However, when the proper safety precautions are not taken, various injuries may occur, causing severe damage to one's life. Liability waivers, as well as understanding your legal options when an injury occurs, are also important factors in making sure you keep yourself safe moving forward.
Assumption of Risk: An Overview
California recognizes a principle known as the assumption of risk, which states that those participating in certain recreational or athletic activities accept the ordinary risks that are inherent in those activities.
Since these risks are considered part of the sport itself, coaches, schools, facilities, and event organizers are often protected from liability when an injury results solely from those ordinary, unavoidable risks. However, assumption of risk has important limits.
When Does it Apply and When Does it Not
Not every gymnastics or cheerleading injury occurs because of the normal risks of participation. Legal issues may occur when an individual or organization allegedly fails to provide a reasonably safe environment or acts in a manner that increases the likelihood of injury. Examples may include but are not limited to the following.
- Defective or poorly maintained equipment
- Damaged mats or unsafe landing surfaces
- Failure to properly supervise athletes
- Inadequate spotting during advanced skills
- Allowing athletes to perform skills beyond their training level
- Ignoring known safety protocols
- Overcrowded practice areas
- Failure to repair known hazards
- Unsafe facility conditions
In these scenarios, the injury may arise from circumstances beyond the inherent risks of the sport.
Injuries: Cheerleading
Modern competitive cheerleading includes the following.
- Advanced tumbling
- Partner stunts
- Pyramids
- Basket tosses
- Synchronized routines
Some of the more common injuries may include:
- Concussions
- Neck injuries
- Spinal cord injuries
- Shoulder dislocations
- Wrist fractures
- Broken ankles
- Knee ligament tears
- Facial injuries
- Traumatic brain injuries
Falls from elevated stunts can be especially severe, particularly when proper spotting techniques or safety procedures are not followed.
Injuries: Gymnastics
Gymnastics places significant stress on nearly every part of the body. Athletes often train year-round while repeatedly performing high-impact movements. Common injuries may include but are not limited to the following.
- Wrist fractures
- Growth plate injuries
- ACL tears
- Meniscus injuries
- Stress fractures
- Back injuries
- Shoulder injuries
- Elbow injuries
- Head trauma
Although many injuries are unavoidable accidents, others may involve questions regarding equipment maintenance, coaching decisions, supervision, or facility safety.
Coaches
Coaches play an important role in athlete development and safety. This may include:
- Teaching proper technique
- Progressing athletes appropriately
- Providing adequate supervision
- Following recognized safety guidelines
- Using qualified spotters
- Monitoring athlete fatigue
- Removing damaged equipment from use
- Responding appropriately after injuries
Training facilities also have responsibilities related to maintaining reasonably safe premises. Examples include:
- Properly secured equipment
- Adequate padding
- Safe ceiling heights
- Routine inspections
- Clean practice surfaces
- Functional safety equipment
When safety concerns are overlooked, the risk of preventable injuries may increase.
Waivers
Many gyms, schools, and competitive organizations require participants or parents to sign liability waivers before practices or competitions. These waivers are important legal documents, but they do not automatically prevent every claim. Whether a waiver is enforceable depends on multiple factors, including but not limited to:
- The wording of the agreement
- California law governing liability waivers
- The specific circumstances surrounding the injury
- Whether allegations involve ordinary negligence or more serious misconduct
- Public policy considerations
Preserving Evidence and Documentation
After a serious injury, preserving the necessary evidence and documentation can become important. An investigation may involve reviewing:
- Practice schedules
- Coach certifications
- Safety manuals
- Training records
- Incident reports
- Video recordings
- Witness statements
- Equipment inspection logs
- Medical records
- Facility maintenance documentation
A thorough review of the available evidence may help clarify how the injury occurred and whether preventable safety issues were involved.
Legal Guidance and Support
Injuries involving cheerleading and gymnastics accidents may cause various challenges and difficulties to individuals and their families. During these types of accidents, many legal and insurance issues occur. As a result may be beneficial to speak to a legal professional who can help guide you through the entirety of the claims process. This may be helpful when trying to seek compensation for your loss.
How KAASS LAW Can Help
The qualified personal injury attorneys of KAASS LAW are ready to help individuals and families who have been dealing with cheerleading and gymnastics injuries. Want to ensure that clients understand their rights and responsibilities throughout the claims process and are being provided with the best care and support they need to make a recovery. We can review your case, speak with insurance companies, and preserve the necessary evidence and documentation needed to proceed with your personal injury claims. If you have been involved in a cheerleading or gymnastic accident, you are not alone. Call KAASS LAW today for a confidential consultation and to learn more about your rights.