Sport Injuries Rising Among Children

January 17, 2011

Sport Injuries Rising Among Children

Participating in sports is an important activity for children and teens. It teaches them about teamwork, sportsmanship and camaraderie. Sports help to develop self-discipline and a strong work ethic at a young age. With all the benefits of sports, more and more parents are getting their children involved in them at earlier ages, whether through programs offered at local schools, recreation centers or through private teams.

While encouraging participation in sports is a good thing, it is important that parents, coaches and others realize that sports are not without risk to children. In fact, pediatricians and orthopedic surgeons have seen a rise in the number of sports injuries among children in recent years. The American Academy of Pediatrics (AAP) estimates that 3.5 million children under the age of 15 receive medical treatment each year for sport-related injuries. According to Safe Kids USA, a non-profit children's advocacy organization, as many as 1 out of every 10 children and teens who participate in sports suffer an injury each year.

The types of sports injuries children sustain run the gamut from relatively minor mishaps like scraped knees and elbows to much more serious injuries like broken bones, traumatic brain injuries (TBI) and even death.

In particular, there has been an increase in the rate of overuse injuries in children and teens. Overuse injuries occur from prolonged and repeated motions, like a child throwing pitch after pitch. Some examples of overuse injuries include chronic muscle strains, tendinitis (such as tennis and baseball elbow) and stress fractures. According to the AAP, as many as 50% of sport-related injuries in middle school and high school aged-children are overuse injuries.

There are several reasons for the rise in overuse injuries. In some cases, it is because children are playing the same sport year-around without taking a break, maximizing the stress on their joints and ligaments and the opportunity for injury. In other cases, children are increasing their chances of sustaining an overuse injury by participating in multiple sports at the same time. Poor training and conditioning also are to blame. It is important not only that children are taught how to properly play a sport, but also that they have the physical conditioning necessary to play.

Lastly, it is important that children who participate in sports are given enough time to rest, especially if they have been injured while playing. Many professionals have discussed the negative impact the "play through the pain" mentality has on child-athletes and their health. When a child is hurt during a sporting event, he or she should be sidelined, given sufficient time to rest and, if necessary, receive medical evaluation and treatment. While there has been a lot of attention to the need for rest for high school students who suffer head injuries during football games or practice, the same level of attention has been so far lacking for other sports.

Other ways to minimize sporting injuries in children include:
-Making sure the child is physically capable of playing by having annual physical exams;
-Provide the child with breaks between sports (or from the same sport) to minimize the risk of overuse injuries;
-Watching out for signs that a child is playing hurt and temporarily sidelining him or her from the activity until fully healed;
-Obtaining medical treatment for injuries as soon as possible to help prevent relatively minor injuries from becoming much more serious;
-Making sure proper safety equipment is available for the child's use and that the equipment fits properly and is used correctly.

Your Legal Options Following a Child's Sport Injury

Getting hurt playing sports as a child is not a rite of passage of growing up. Sport injuries can be very serious and have health consequences that can follow the child into adulthood. While there will be circumstances when the sports injury was merely a consequence of playing the sport, in other cases, another party may be partly or wholly at fault for the injury.

Some parties who may share legal liability for a child's sports injury include:
-The school, school board and school district
-The child's coach, referee or team member
-Sporting equipment manufacturers

Government entities and employees, including schools, enjoy certain immunities from most types of negligence claims. However, this does not mean that schools and school employees can never be held legally liable for injuries that happen during school sponsored sporting events. In Illinois, to bring a claim against a school it must be shown that the school's actions were "willful and wanton." Legally, this means that the school committed an act "that [was] intended to cause harm or, if not intentional, show[ed] an utter indifference or conscious disregard for the safety of others or their property."

There is a limited amount of time to bring a lawsuit against a school or school district. Illinois law provides a one year statute of limitations for these types of actions. Additionally, prior to bringing a claim against a government entity, notice to it may also be required, usually within 30 to 90 days, depending on the entity.

Legal claims may be brought against those who manufacture, design and/or sell defective or dangerous sporting equipment used in youth sports. Those who produce sporting equipment have a duty to make it safe and suitable for public use. When they fail to uphold these important duties and someone is injured, then the injured party has the right to bring a products liability claim.

For example, recently an Illinois family brought a products liability claim against Easton-Bell Sports Inc. after their 11-year-old son suffered a brain injury when he was hit by a ball during a baseball game. The family is claiming that the manufacturer is responsible for their son's injuries for designing an aluminum bat that causes baseballs to be hit too fast for other players to react.

In another example, products liability claims recently have been brought in other states against companies that manufacture football helmets for high schoolers. These suits typically have claimed that the helmet manufacturer made a defective product that did not adequately protect the football player.

Begin Working with an Experienced Lawyer Today

If your child has suffered a sports injury, contact a knowledgeable attorney to learn more about your legal options. There may be a limited amount of time to file your claim, especially if your claim is against the school district or other local government entity. For more information, contact an experienced personal injury lawyer today.

Article provided by Law Office of William S. Wojcik
Visit us at www.wojciklaw.com