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The School Year can Mean Serious Injuries for Your Child

The School Year can Mean Serious Injuries for Your Child

When August comes around each year, millions of parents send their children back to school. Heading back to school can be an exciting time, yet parents are putting their children in the care of the schools and have little control over whether their children are exposed to the risks of injuries. The school year can bring several unique risks of accidents, many of which can result in serious injuries to your child. This leaves many parents wondering about their rights to hold a school liable for their child’s injuries. Not every injury at school will allow you to financially recover from the school. Some accidents involving children are simply that – an accident. If a child simply fell down because they were clumsy or weren’t paying attention, the school likely cannot be held responsible. Instead, parents must prove that the school was negligent in some way in causing the accident or allowing the accident to occur. Legal claims against schools can be complex and can involve different issues and procedures depending on whether your child attends public or private school. This is because Florida has specific laws1 regarding actions against the government vs. against a private entity. If your child sustains any injury and you believe the school was to blame, you should never delay in discussing a possible claim with an experienced Florida personal injury attorney as there are strict deadlines for filing a claim. The following are some common injuries that claims against schools can involve. Sports Injuries Many school-aged children participate in school-sponsored sports programs. The National Federation of State High School Associations reports2 that the...
Recovering Damages from Sports-Related Injuries

Recovering Damages from Sports-Related Injuries

Every athlete is aware and understands that he or she risks injury whenever playing sports. In the United States alone, approximately 3.5 million children are injured each year from playing sports. Injuries such as bruising, sprains, and strains are often inherent with playing sports. [1] These injuries, while unintentional, are typically no one’s fault. Other more serious injuries such as broken bones can also occur through no fault of participants. Although an athlete is aware of the risk of injury prior to engaging in sports, some injuries caused by another party can lead to a legal claim. In these instances, the injured athlete may be able to recover for his or her losses resulting from the sports-related injury. What Do I need to Show In Order to Recover Losses Caused by Sports-Related Injuries? As discussed above, not all sports-related injuries provide the injured athlete with a legal claim against another party. By participating in sports such as hockey, football, and rugby, among others, the athlete inherently assumes the risk of being injured in the natural, physical course of the game. However, an athlete does not assume the risk for injuries caused by the negligence of other athletes, coaches, or trainers. Negligence occurs when an individual fails to use reasonable care and injures another as a result. An athlete must prove that negligence led to their injury if they wish to recover. Concussions and Sports Recently, news outlets and athlete-focused organizations have been discussing concussion-related injuries with more frequency. Athletes have become the voice for proposals to reform care for sports-related head injuries as scientific and medical advances have allowed doctors to...