Participation in athletics comes with the knowledge that
injuries could occur. Sprains and
bruises are common and even expected by those who routinely participate in
athletics. However, in some cases
athletes sustain injuries from activity that would be considered outside of the
scope of routine practice. Common overuse injuries include runner’s knee,
swimmer’s shoulder, and shin splints.
Coaching staffs are in charge of overseeing the training and
practice of their athletes. Therefore,
if an athlete suffers an injury from the training regimen that was established
by the coach, can you sue a coach for an overuse injury?
According to the Stop Sports Injury website, errors in
training, typically a rapid increase in the intensity, duration, or frequency
of activity, are what can most commonly result in overuse injuries. It can be
difficult to pinpoint the exact activity causing the injury and the time the
injury occurred since they usually occur during training. These injuries should be diagnosed by a
medical professional who can also recommend an alternate training regimen or
physical therapy if needed.
At what point could the diagnosis of an overuse injury warrant
questions about liability or lawsuit?
Attorney Roger Manwaring, writing in Lawyers’ Legal Research &
Writing, states that if an injury arises from the intentional or negligent
conduct of a coach, the athlete may have a legal claim. Athletes may consider a lawsuit for negligent
training or supervision, or for selecting inappropriate protective equipment.
However, such claims can be very difficult to prove, especially considering
societal pressures to encourage athletes to compete hard on the field.
Sports injury laws vary from state to state, but in
Massachusetts, for example, a coach is considered a public employee and
therefore is immune to a lawsuit under the state’s tort claims act. However, a school or college, which is
considered a public employer, can be sued.
These suits are subject to damage limitations. Massachusetts law also protects volunteer
coaches, managers, umpires, or referees in sports programs serving youth under
18 years old.
Keeping athletic competition on the playing field rather
than in the courtroom is a factor driving much of the law governing legal
claims for sports injury. However, there
are instances when such claims are allowed. To learn more, contact us!
