Taking part in sports is great for children. It builds their confidence, keeps them focused and fit, and helps them to make friends. Unfortunately being involved in physical activities (especially contact sports) can mean there’s a higher likelihood of injury. Some are of course unavoidable, but your child is still owed a duty of care at all times to ensure that any unnecessary accidents don’t happen, and if they do they are attended to correctly to minimize damage.
In order for a personal injury case for a child to be successful, there needs to be three things proven:
- That the individual was owed a duty of care
- That said duty has been breached
- Finally the damage that has been suffered has been caused by the breach.
If you need to prove a breach of care, it is important that you get as much evidence as possible. This could mean speaking the referee or to witnesses, as well as photographic or video evidence. You may also consider speaking to an expert in this field.
Coaches of child sports teams have a certain level of responsibility when it comes to looking after the minors in their care. They need to keep the team aware of potential dangers, as well as taking the necessary precautions and providing the right equipment to protect them. If a coach fails to do this then they may well be liable for their lack of care. The school may also be at fault.
Players also have a duty of care to one another, and not deliberately recklessly and maliciously resulting in the harm of others. However this can be a little more complex with minors.
Even if your child is provided with the correct equipment, there is a chance it may be defective or inadequate. This is another avenue you may want to pursue, as if this is the case the manufacturer may be liable.
Assumption of risk is a common defense against these types of cases (that with playing certain sports, risks are inherent). However this does not apply if negligence has taken place, nor if incorrect or faulty equipment is used.
If a member of your family has suffered due to the negligence of others and you’re looking for advice on how to proceed, Franco Firm Lawyers can help.