Sports injuries can range from sprains and fractures to serious and potentially life-altering brain injuries. Concussions are particularly concerning because they may not be immediately visible, symptoms can vary from person to person, and some symptoms may develop or become more noticeable over time.
A concussion is a type of traumatic brain injury that can occur when a blow, bump, or jolt to the head—or a forceful impact to the body—causes the brain to move rapidly within the skull. Concussions can affect memory, concentration, balance, coordination, mood, and other aspects of normal brain function.
Athletes participating in contact and collision sports, including football, soccer, hockey, basketball, cheerleading, wrestling, and combat sports, may face an increased risk of concussion. Recognizing symptoms promptly and removing an athlete from play when a concussion is suspected are important steps in protecting the athlete’s health.
How Do Concussions Happen in Sports?
Concussions can occur in a variety of ways, including:
- Player-to-player collisions;
- Falls or awkward landings;
- Impacts involving sports equipment, such as balls, bats, boards, or goalposts; and
- Forces transmitted through the body that cause rapid movement of the head and brain, even without a direct blow to the head.
Because a concussion does not always involve a loss of consciousness, an athlete can suffer a concussion while remaining awake and appearing capable of continuing to participate.
Common Symptoms of a Sports Concussion
Concussion symptoms can vary considerably. Common symptoms may include:
- Headache or pressure in the head;
- Dizziness or balance problems;
- Confusion or feeling “foggy”;
- Difficulty concentrating;
- Delayed responses;
- Sensitivity to light or noise;
- Nausea or vomiting;
- Memory problems;
- Fatigue or sleep disturbances; and
- Irritability, sadness, or other emotional changes.
Some athletes may minimize or fail to recognize their symptoms, particularly when they are eager to continue playing. For that reason, coaches, parents, teammates, and athletic staff should take suspected concussion symptoms seriously.
An athlete with a suspected concussion should be removed from participation and evaluated by an appropriate healthcare professional. Returning to play before an athlete has recovered can increase the risk of additional injury.
Legal Duties of Schools, Coaches, and Sports Organizations
Schools, coaches, athletic programs, leagues, and other sports organizations may have legal responsibilities concerning participant safety. The precise duty depends on the circumstances and applicable state law.
Potential safety responsibilities may include:
- Maintaining reasonably safe facilities and equipment;
- Providing appropriate supervision;
- Educating coaches and staff about concussion recognition;
- Following applicable concussion-management requirements;
- Removing athletes from play when a concussion is suspected; and
- Following appropriate return-to-play procedures.
Failure to comply with an applicable safety requirement may be evidence of negligence or may have other legal consequences, depending on the applicable law.
Importantly, the existence of a concussion protocol does not automatically mean that every violation creates civil liability. Whether an injured athlete has a viable claim depends on the specific facts, the applicable statute or regulation, causation, damages, and any available defenses.
Concussion Laws Across the United States
Youth concussion laws exist throughout the United States, but the requirements and legal consequences vary from state to state.
Many state laws address issues such as:
- Concussion education;
- Recognition and reporting of suspected concussions;
- Removal from athletic participation;
- Medical evaluation;
- Return-to-play procedures; and
- Policies for schools and youth athletic organizations.
The fact that a school, coach, or organization violated a concussion-related law or policy does not necessarily mean that negligence is automatically established. Whether a statutory violation constitutes negligence per se, evidence of negligence, or some other legal consequence depends on the particular law and jurisdiction.
For that reason, concussion cases should be evaluated under the law of the state where the injury occurred and with consideration of the specific organization and circumstances involved.
When Can a Sports Concussion Become a Legal Case?
A concussion may become the basis of a personal injury claim when another person’s negligent or wrongful conduct caused or contributed to the injury.
Depending on the circumstances, a negligence claim generally requires establishing:
- Duty of care: The defendant owed the athlete a legal duty.
- Breach: The defendant failed to act as required under the circumstances.
- Causation: The defendant’s conduct caused or contributed to the injury.
- Damages: The athlete suffered legally compensable losses.
Potential damages may include:
- Medical expenses;
- Rehabilitation and therapy costs;
- Lost wages;
- Loss of future earning capacity;
- Pain and suffering;
- Emotional distress;
- Cognitive impairment; and
- Other long-term effects associated with the injury.
The severity and duration of concussion symptoms can be important when evaluating the impact of an injury. Persistent problems involving memory, concentration, headaches, balance, sleep, or mood may require ongoing medical care and can significantly affect an athlete’s education, employment, relationships, and daily activities.
Situations That May Lead to Liability
Not every concussion results in a viable personal injury claim. Athletes generally understand that certain risks are inherent in sports and may be considered to have assumed those ordinary risks.
However, legal issues may arise when an injury results from conduct or conditions outside the ordinary risks of participation.
Potential examples include:
Negligent Coaching
A coach may potentially face liability when negligent conduct contributes to an athlete’s injury, such as:
- Failing to respond appropriately to suspected concussion symptoms;
- Allowing an athlete to continue playing despite signs of a serious injury;
- Using unreasonable or unnecessarily dangerous training methods; or
- Failing to provide appropriate supervision.
Defective Equipment
Defective or improperly maintained equipment may contribute to serious injuries. Potential examples include defective helmets, protective padding, goalposts, flooring, or other athletic equipment.
Depending on the circumstances, potential claims may involve the manufacturer, distributor, facility operator, or another responsible party.
Unsafe Facilities
Dangerous premises may also contribute to concussion injuries. Examples include:
- Unpadded walls or structures;
- Damaged playing surfaces;
- Poor lighting;
- Unsafe obstacles; or
- Improperly secured athletic equipment.
Reckless or Intentional Conduct
In some circumstances, an injury may result from conduct that is more serious than ordinary negligence, such as an intentional assault or conduct that is reckless and substantially outside the normal rules or risks of the sport.
Whether such conduct creates civil liability depends on the facts and applicable law.
Failure to Follow Concussion Protocols
Failure to follow an applicable concussion policy or return-to-play requirement may be relevant to a personal injury claim. However, a policy violation alone does not necessarily establish liability. The injured athlete generally must still establish the legal elements required for the particular claim.
State Laws Can Affect Sports Concussion Claims
Sports injury and concussion laws differ significantly from state to state. The applicable law may affect:
- The duties imposed on schools and athletic organizations;
- The scope of assumption-of-risk defenses;
- Governmental or charitable immunity;
- Statutory notice requirements;
- Available damages;
- The statute of limitations; and
- Whether a statutory violation can support a negligence claim.
For example, claims involving public schools or governmental entities may be subject to special procedural requirements that do not apply to private organizations. The deadline for filing a claim can also depend on the identity of the defendant and the type of claim being asserted.
Because these rules can be complicated, an athlete or parent should not rely on a general nationwide rule when evaluating a potential concussion claim.
Protecting an Athlete’s Health and Legal Rights
Following a suspected sports concussion, taking appropriate steps can help protect both the athlete’s health and potentially important evidence.
Consider the following:
- Report the injury promptly. Notify the coach, school, league, or facility.
- Seek appropriate medical evaluation. A qualified healthcare professional should evaluate suspected concussion symptoms.
- Follow medical recommendations. Do not return to sports or other activities until medically cleared when clearance is required.
- Document symptoms. Keep a record of headaches, memory problems, dizziness, concentration difficulties, sleep problems, mood changes, and other symptoms.
- Preserve evidence. Keep photographs, videos, damaged equipment, incident reports, and other documentation related to the accident.
- Identify witnesses. Obtain contact information for people who saw the incident or observed the athlete’s symptoms afterward.
- Keep medical and financial records. Preserve bills, treatment records, therapy records, and documentation of missed work or school.
- Consult an attorney when appropriate. An attorney can evaluate whether another party may be legally responsible and determine which deadlines and procedural requirements apply.
Final Takeaway
Sports concussions should be taken seriously. While athletes generally accept certain inherent risks associated with participation, that does not necessarily mean they assume the risk of negligent coaching, unsafe facilities, defective equipment, or other conduct outside the ordinary risks of the sport.
When a concussion results from another person’s negligence or a dangerous condition, the injured athlete may have a legal claim for compensation. Establishing liability, however, requires a fact-specific analysis of what happened, who was responsible, what safety obligations applied, and whether the conduct caused compensable harm.
If you or your child suffered a concussion or other sports-related injury, an experienced personal injury attorney can evaluate the circumstances, identify potentially responsible parties, and explain the legal options available under the applicable state law.
