My Child Is Injured at Practice. Who is Liable?

Generally speaking, legal liabilities in sports are complex matters. It is explained, in part, by the fact that physical contact is an inherent component of many sports. Your and your child’s agreement to participate in a contact sport practice might be treated by the court as consent to injury risks that come with it. Sport injury lawsuits are challenging to win in court.

Legal Liabilities in Sports: Who is Liable?

If your child gets hurt at practice, there might be multiple parties potentially responsible in law for her or his injuries. Simply put, when contemplating a sport injury lawsuit, you should look at everyone who was involved, directly or indirectly, in your child’s practice. Depending on the situation, school authorities and sport event organizers, teachers, coaches and supervisors, and even other kids that participated at practice and other kids’ parents and guardians might be found liable for your child’s injuries.

First, look at who was in charge of the sport event: who was responsible for organizing and running it? You might have a sport injury claim against school authorities (e.g. a sport injury during a school gym class), a City (e.g. a sport injury during a swimming lesson in a local community centre), or against a private organization (e.g. a sport injury during a privately run soccer practice). Organizers of your child’s sport event owe a duty of care to the kids to set up and conduct such an event in a reasonably safe for children environment. The standard of care to be exercised by these entities in providing for the supervision and protection of children for whom they are responsible is that of a “careful and prudent parent”.

Second, look at the immediate supervisors at the sport practice: coaches, teachers, instructors. Coaching negligence might arise out of the coaches’ actions as well as failures to act. Did they provide proper instructions and equipment to the children? Did they correctly explain the rules? Did they enforce the rules in a timely fashion? Did they provide a reasonably adequate supervision? The standard of care required of them at a sport practice is also that of a “careful and prudent parent”.

Third, look at the other kids that were directly and indirectly involved in your child’s injury during a sport practice. Were they negligent and caused an injury to your child? Their legal liabilities and their parents’ legal liabilities may be covered under their home insurance policy.

Sport Injury Lawsuit Cases: Don’t Delay

Once you determine which parties might be liable for your child’s injuries, you would normally have to sue these parties in court for compensation. Do not delay your decision. In Ontario, your right to sue is subject to a limitation period, which, in simple terms and with several important exceptions, gives you only 2 years from the date of your child’s sport injury to issue a lawsuit. If you fail to sue within the limitation period, you may lose your right to sue forever. You might find it hard to navigate through the complex litigation process, in which case you should seek help from a sport injury lawyer.