Who is Liable for Sports Injuries?
This year has seen no shortage of football and sports-related injuries in the state. Recently it was reported that Tennessee Titans quarterback Marcus Mariota would not play against Atlanta because of a sprained knee. As of the report, Mr. Mariota was still out of commission, and the Titans announced that they would hold him out for a second straight game due to the sprained knee.
While Mr. Mariota is a professional athlete, incidences of major injuries in minors and school divisions are also on the rise. The same week, it was also announced that a high school football player in Murfreesboro, Tennessee, named Baylor Bramble was in critical condition and in the trauma unit at Vanderbilt University Medical Center after sustaining a traumatic brain injury during a game. He was airlifted to the hospital and underwent emergency surgery to relieve the pressure on his brain.
Assumption of Risk
While injured pro athletes normally receive pay (as part of their salary) while recovering from their on-the-field injuries, the rest of the American public may have to contend with missed days at work or school, medical bills, and a painful recovery. In most cases, medical insurance (and especially the insurance plans of professional athletes) cover the costs of treatment. However, medical insurance does not cover lost wages or pain and suffering. This means for the rest of the American citizenry who are not professional athletes, we are left to figure out who is liable for personal injuries.
Injuries are an accepted risk in playing sports. In other words, there is an assumption of risk, so bringing a successful personal injury claim is very difficult. Additionally, in many cases sports teams (including school teams) require a release of liability before one is allowed to play on a team. This release will indemnify the team owner (ie. school) from liability for injuries, unless the owner’s behavior was neglectful, malicious, or willful.
Public Chapter 148
The state of Tennessee has specifically passed a sports concussion law designed to reduce youth sports concussions and increase awareness of traumatic brain injury. Amongst other things, the law requires:
- Parents to sign a concussion information form before allowing their child to compete;
- The removal of a youth athlete who appears to have suffered a concussion from play or practice; and
- A youth athlete to be cleared by a licensed healthcare professional before returning to play or practice.
Nashville Sports Injury and Traumatic Brain Injury Lawyer
The Nashville attorneys at Calhoun Law, PLC zealously represent people who have suffered brain injuries, sports injuries, and accident injuries to achieve justice for them and their families. At Calhoun Law, PLC, we utilize accident reconstructionists, neuropsychologists and other specialists as necessary to prepare and present a persuasive case that documents our client’s injuries and the defendant’s fault. If you or a loved one has suffered a TBI due to the negligence or wrongful conduct of another, do not wait to contact us today for a free and confidential consultation.