When Is a School Liable for Injuries to Student Athletes?

School is obviously critical. We send our children to school for their necessary educational growth as well as to help them advance their maturity, hobbies, social skills, and to generally further their lives. We expect schools, and the administrators, teachers, and staff working there, to keep our children safe. In fact, Florida law provides that schools basically step into the shoes of the parents when they take control and responsibility of students, as the parents are entrusting the school with their kids. That is a significant responsibility and, unfortunately, schools do not always meet their important obligation to protect our children. 

Schools offer many extracurricular opportunities for students, including athletics. Athletics comes with certain risks of injury, some of which are avoidable should coaches and staff take necessary precautionary measures. When student athletes are harmed unnecessarily while playing a school sport, the school district, the school, and perhaps others may be responsible for the bodily harm.

Schools are not automatically responsible anytime a student athlete suffers an injury. There is often inherent risk in sport and school districts generally require parents to sign waivers absolving the schools of responsibility in certain instances. However, those forms often do not waive liability for a school’s negligence, and schools are often accountable when a student athlete suffers an avoidable injury that is not simply inherent in the activity. The State of Florida has developed numerous regulations to protect the safety and welfare of student athletes. Surprisingly, many coaches and staff fail to properly implement these safety regulations and, in those instances, there may be school responsibility for bodily harm or death to a student athlete. Legal action may be necessary if you are concerned about your student’s well-being, including their safety during school activities. Call our Boca Raton personal injury lawyer at Hersh Kirtman Injury Law for help.

Can a School Be Held Liable for Student Athlete Injuries?

Yes, a school or its district can be held liable for student athlete injuries in certain circumstances. However, there are situations that remove liability from the school in any capacity.

When Is a School Liable for Injuries?

A school may be liable for a student’s injuries in various circumstances. Often, whether a school or its district can be held accountable turns on whether the coaches or staff were negligent and whether the injury was one that is inherent in the sport. School responsibility generally arises when the school, its coaches, or its staff, either take action or fail to act causing the student athlete to suffer an injury or when the school, its coaches, or its staff, do something or fail to take action causing an already injured student athlete’s condition to worsen.   

For example, a school may be held responsible if it: (1) pushes a student to continue practicing or playing when the student athlete is known to have another injury; (2) failing to protect a student athlete from heat stroke or other heat illnesses; (3) encouraging or allowing a student athlete to play when the player is in distress; (4) not having proper equipment necessary to assist a student athlete when he or she is in distress or injured; (5) failing to properly implement Florida safety regulations, such as required two a day or three a day practices when that is prohibited; or (6) allowing student athletes to play in unsafe conditions, whether it be weather, field condition, or something else.   

There are many circumstances that may result in injury or death to a student athlete that was avoidable and caused by school negligence. Generally speaking, schools can be held liable when the injury would have been avoided or less severe had there been an exercise of reasonable care. Some cases can be challenging to navigate, so we encourage you to work with a personal injury lawyer for assistance. Hersh Kirtman Injury Law has experience fighting for student athletes who have been needlessly injured or killed. We encourage you to contact us if you or a family member is in need. 

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

How Can a Lawyer Help?

A qualified and experienced attorney can help you navigate an uncertain and complicated legal process. Claims against schools or school districts have various unique complexities, including issues of sovereignty, exculpatory clauses, and other obstacles that should be navigated by an attorney with the appropriate experience and knowledge. 

We recommend you work with a lawyer from Hersh Kirtman Injury Law, as we can help you with the following:

• Extensive experience handling Florida personal injury claims 
• Extensive experience handling claims on behalf of student athletes and their families
• A responsive team dedicated to guiding you and your family and answering all questions regarding your case
• Personalized legal services
• Help collecting the necessary evidence for your case
• Zealous advocacy on behalf of you and your family in our fight for justice

Injured Student in Florida? Hold those Responsible Accountable

If your child has been injured because of a school’s negligence, you should have the matter investigated and hold those responsible accountable for the harm caused to your child. Doing so assists you and your child in this time of need and will hopefully prevent the same unnecessary harm from occurring again in the future.  

We have experience assisting student athletes, and our clients trust us to help them recover the compensation they deserve. Our team encourages you to speak with us if you have any questions or want to schedule a free consultation with one of our lawyers. You can reach us by calling (561) 208-3700 or filling out the contact form on our website at your earliest convenience.