School Sports and TBIs: Can You Sue a Washington School District?

According to the CDC, children under the age of 17 account for roughly 70% of all emergency department visits for sports- and recreation-related traumatic brain injuries. School sports are supposed to be fun for young athletes and their families, but too often these recreational activities lead to long-term injuries and even disabilities.

When it comes to seeking accountability for sports-related TBIs, many parents find themselves frustrated by the complexities of the legal system. And liability can be complex. Schools and their representatives often work tirelessly to avoid being held responsible. Let’s take a closer look at when families can (and cannot) sue a school district for a sports-related TBI and how an experienced personal injury attorney can help families pursue the compensation they deserve.

How dangerous are school sports?

Despite their best efforts, many school athletic programs fall short of ensuring the health and safety of their participants. In fact, research suggests that students report roughly 3.5 million sports-related injuries every year. These injuries can range widely in severity, with recovery times from a few hours to several years. In the worst cases, school sports injuries can turn catastrophic or even fatal, leaving families struggling with the emotional, physical, and financial impact of their loss.

Some of the most commonly reported sports injuries among young athletes include:

• Broken bones and fractures
• Sprains and strains
• Ligament tears
• Concussions and other traumatic brain injuries
• Bruises and contusions
• Cuts and scrapes
• Tendinitis
• Joint dislocations
• Repetitive strain injuries
• Spinal cord injuries

Any of these injuries can have lasting consequences for athletes and their families, which is why it is so important for school districts and their employees to take steps to mitigate harm while overseeing athletic activities.

Traumatic brain injuries: A standout risk

Of all the common sports injuries outlined above, concussions stand out as some of the most common and potentially dangerous injuries. According to the National Safety Council, an estimated 1.6 to 3.8 million athletes suffer concussions every year. As if that wasn’t striking enough, many student-athletes suffer multiple concussions over the course of their athletic careers, which can significantly compound the risks posed by these injuries.

Concussions are a type of traumatic brain injury that occurs when a sudden impact to the head disrupts normal brain function. While many athletic organizations now treat concussions as inevitable or routine, the reality is that these injuries can have devastating and even lifelong consequences.

Mild concussions can cause symptoms like dizziness, blurred vision, mood swings, changes in balance, and even a loss of consciousness in some cases. However, more significant traumatic brain injuries can lead to more persistent, severe side effects, like:

• Chronic headaches
• Fatigue
• Irritability
• Changes in mobility
• Difficulty concentrating
• Slurred speech
• Changes in vision
• Persistent nausea or vomiting
• Coma

The long-lasting implications of these injuries can have a profound impact on student athletes and their loved ones, leading many families to question whether there is any legal recourse available to help them recover. In order to determine the viability of a claim, it’s important for injured athletes and their guardians to consult with an experienced brain injury lawyer who can help them understand the nuances of their case.

Can a school district be held liable for a TBI?

Not every sports-related injury will result in legal liability. That’s because there is often some level of risk associated with participating in an athletic program. While many youth sports organizations ask families to sign liability waivers, Washington courts generally do not enforce parental pre-injury liability waivers for public school districts.

However, there are still scenarios in which a school could bear some level of responsibility for a student athlete suffering a TBI. Usually, these scenarios involve some sort of breach of duty or institutional negligence of some form. In Washington, individual schools and larger school districts have an established legal duty to provide and maintain safe environments for their pupils. When this duty is violated—whether by specific actions or lack of action—students who suffer harm as a result may be within their rights to hold their school district legally accountable.

When school districts might be liable: Examples in TBI cases

As we’ve discussed, there is a lot of nuance involved in TBI claims. Courts and attorneys must closely examine a school district’s conduct and policies to determine whether it violated its legal duty of care. Here are a few examples of scenarios in which a school district’s negligence could serve as the basis for a personal injury claim:

• Failure to follow protocols: Schools must comply with Washington’s Lystedt Law, which requires concussion education, immediate removal from play when a concussion is suspected, and medical clearance before returning to play. Districts may also be liable when they fail to follow their own safety policies or generally accepted standards of care.
• Lack of supervision: Parents entrust their children to the care of trained professionals when they agree to enroll their child in an athletic program. Professionals who fail to adequately supervise the children in their care open their districts up to claims of liability in the event that this lack of supervision leads to a student becoming injured.
• Poor equipment maintenance: If student athletes are expected to use outdated or substandard safety equipment or to play on poorly maintained surfaces, the school district could be held accountable for their attempts to cut corners.
• Bad advice: Sometimes, coaches or other athletic staff will pressure students to ignore or downplay their injuries or demand that a student athlete get back on the field before it is medically safe for them to do so. This conduct could open the door to claims of liability should a student’s injuries worsen as a result of this unsafe guidance.

These are just a few examples of scenarios that could directly link a school district to a student’s suffering. If you suspect that your child’s TBI was the direct result of a school district’s negligence, it’s important to consult with an experienced attorney right away to determine whether or not you have the basis for a lawsuit. A trusted brain injury lawyer can help you identify all potential sources of liability and advise you of what options may be available to help you pursue compensation for your child’s injuries.

What compensation is available for TBI survivors?

In the event that a school district is found liable for a student’s sports-related TBI, families may be able to recover compensation for a variety of economic and non-economic losses related to the injury. Some damages TBI survivors and their families commonly pursue in these cases include:

• Past, present, and future medical expenses
• Rehabilitation costs
• Therapy bills
• Lost wages
• Reduced capacity to work
• Physical pain and suffering
• Emotional distress

The Supreme Court of Washington has consistently maintained that general statutory caps on personal injury damages are unconstitutional, so there is currently no cap on compensatory damages in standard personal injury cases. Since student athletes tend to suffer these injuries during critical developmental periods, it is particularly important to consider the potential future losses as well as current and past ones when filing a claim.

While many concussion and TBI survivors go on to make stellar recoveries, some cases do result in long-term discomfort and even disabilities that can impact future educational opportunities, athletic capabilities, and earning potential. Many personal injury attorneys can help families account for these future losses and may even call upon experts like life care planners to help paint a clear picture of the victim’s long-term prognosis and care needs to the court.

Final thoughts

While some injuries are unavoidable over the course of a student athlete’s career, there may still be room for legal challenges in the wake of a life-altering TBI. If a school district fails to make good on its legal duty of care and a child suffers irreparable harm as a result, parents and guardians may be within their rights to pursue compensation under Washington law.

At Smith McBroom Injury and Accident Lawyers, we understand the ripple effect a sports-related TBI can have on a young athlete. From current pain and suffering to long-term financial and professional ramifications, the consequences of a preventable TBI can be severe and devastating. That’s why our team is dedicated to providing comprehensive, knowledgeable legal support to families in Seattle and the surrounding areas who are looking to hold negligent school districts accountable for their breaches of duty.

If your child suffered a brain injury while participating in a school-sponsored athletic program, give us a call today or fill out our online contact form to schedule a free case evaluation with a member of our team. We’d love to learn more about your child and provide you with the insight and resources you need to make an informed decision about how best to move forward in your case.