When Athletes Get Hurt in Training, Can They Sue Coaches for Overuse Injury?
Involvement in athletics comes with the knowledge that injuries can occur. Injuries and bruises are not unusual and also expected by people who routinely participate in athletics. However, sometimes athletes sustain injuries from activity that could be considered outside of the range of routine practice. Typical overuse injuries include swimmer’s shoulder, runner’s knee, and shin splints. Coaches are ultimately responsible for the safety and training of an athlete. So if an athlete suffers an injury in the training regimen which was established by the coach, can you sue a coach for an overuse injury? According to the Stop Sports Injury website, errors in coaching- usually a rapid escalation in the intensity, duration, or frequency of activity, are what most often lead to overuse injuries. It may be difficult to identify the exact activity or the time which the injury the injury occurred since they generally occur during training. These injuries must be diagnosed by a medical professional who can also suggest physical therapy or another training regime. At what point does the diagnosis of an overuse injury raise questions about liability or a lawsuit? Attorney Roger Manwaring, writing in Lawyers’ Legal Research & Writing, states when an injury arises from the coach's intentional or negligent conduct, the player might have a legal claim. Athletes might consider a lawsuit for a coach selecting protective equipment that is inappropriate or for negligent training and supervision. Such claims can be quite hard to prove, particularly considering societal expectations that athletes compete hard on the field.
Sports injury laws change from state to state, for instance, in Massachusetts, a coach is recognized as a public worker and therefore is immune to lawsuits under the tort claims act. However, a school or university, that is considered a public employer, could be sued. Massachusetts law also protects volunteer coaches, manager, umpires, or referees in sports programs for youth under 18 yrs old. Maintaining athletic competition on the playing field instead of within the courtroom can be a factor driving a lot of the law governing sports injury. However, you will find instances when such claims are warranted. For more information, contact us!
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