If you’ve ever watched your child take a hard hit during football, soccer, or hockey, you know the feeling. You hold your breath and hope they bounce back. Sports are meant to build confidence and keep kids active, but when schools and coaches fail to protect young athletes from brain injuries, the consequences can be serious and long-lasting.
The Legal Framework
The rules around concussion liability have changed dramatically in recent years. It used to be that courts would basically say, “kids get hurt playing sports, deal with it.” That’s not the case anymore. Schools and coaches now have real legal obligations to protect student-athletes, and ignoring those responsibilities can lead to serious legal trouble.
Most states have passed laws specifically about handling concussions in youth sports. These aren’t just suggestions; they’re legal requirements. Schools have to do baseline testing, pull players out immediately if they show signs of a head injury, and get medical clearance before letting them back on the field.
When schools or coaches fail to meet these legal obligations and a student is harmed as a result, families may have grounds to file a personal injury claim to recover damages for medical costs, pain and suffering, and long-term impacts.
When Schools May Be Liable
Schools can face serious consequences when they mishandle concussion protocols. Maybe they skipped training for coaches or decided not to have medical staff at games to cut costs. Sometimes they ignore obvious safety issues with their facilities.
One of the biggest problems is when schools create detailed concussion policies but fail to follow them. Courts take that seriously. It is bad enough not to have a plan, but having one and ignoring it can make things much worse.
Coach Liability and Responsibilities
Coaches carry their own legal responsibilities. They’re expected to recognize concussion symptoms and respond appropriately. If a coach sees a player stumbling around, confused, or showing other obvious signs of a head injury and does nothing about it, they can be held personally responsible for what happens next.
The Challenge of Proving Negligence
Winning a concussion lawsuit is rarely simple. You can’t just show that a kid got hurt playing sports and expect to win money. The tricky part is proving that the school or coach made things worse by handling the situation badly, rather than the injury just being part of the normal risks of playing contact sports.
What lawyers look for is evidence that delayed treatment or letting a player return too soon made the concussion worse than it would have been otherwise. Medical records become really important here, along with witness testimony about what coaches and school officials knew and when they knew it.
It’s also important to remember that concussion injury claims are subject to a statute of limitations, meaning families have a limited window to file a lawsuit before their legal rights expire.
Assumption of Risk Defense
Schools and coaches love to use the “assumption of risk” defense, which basically means “everyone knows sports are dangerous, so don’t blame us when someone gets hurt.” This defense used to work pretty well, but it’s not the get-out-of-jail-free card it once was.
Courts are starting to recognize that while players do accept normal sports risks, they don’t sign up to be put in unnecessary danger by negligent adults. The assumption of risk defense falls apart when schools or coaches ignore their own safety rules or fail to follow state laws about concussion management.
The Importance of Documentation
Strong documentation can make all the difference. Schools that keep detailed records about concussion protocols, staff training, and how they handled specific incidents are in a much better position legally.
On the other hand, missing or sloppy records can make it look like the school was not taking safety seriously. Courts do not look kindly on missing paperwork when a child’s health is at stake.
The key takeaway is that while sports will always carry some risk, schools and coaches can’t just throw up their hands and hope for the best anymore. They need proper training, clear protocols, and the courage to prioritize safety over scoreboard pressure. When they fail to do this and a young athlete gets hurt as a result, families have legal options worth exploring.
If you or your child has suffered a sports-related concussion injury due to negligence by a school or coach, contact us today. Our experienced attorneys at Pencheff & Fraley understand the complexities of these cases and can help you understand your legal options.
Visit us at:
- Westerville – 4151 Executive Pkwy, Suite 355, Westerville, OH 43081
- Mansfield – 33 S. Lexington-Springmill Rd, Mansfield, OH 44906
Call now for a free consultation on (614) 224-4114.
