Orange County Sports Injury Attorney

Sometimes. California generally does not allow claims for the ordinary risks of a sport, such as a hard tackle or a missed catch. A claim may exist when someone increased those risks: a coach acting entirely outside the range of ordinary coaching, a facility with broken or missing equipment, an operator that ignored a known hazard, or another player who intended to injure you (CACI Nos. 470, 471, 472). The details of how the injury happened usually decide the question.

School athletic programs (Education Code § 49475) and youth sports organizations (Health and Safety Code § 124235) must remove an athlete suspected of a concussion or head injury for the rest of the day. The athlete cannot return without written clearance from a licensed health care provider, and a diagnosed concussion requires a return-to-play protocol of at least seven days. Different rules apply during the regular school day.

Possibly. A release can bar claims for ordinary negligence if it is clear and covers what happened, but it does not release liability for gross negligence (CACI No. 425). Whether a waiver applies also depends on its wording, who signed it, and whether the injury came from a risk it described. Bring a copy to the consultation.

It depends on who owns and runs the playground. A public school or city park involves a public agency, and a written claim is generally due within six months (Government Code § 911.2). A private school, daycare, apartment complex, or business is judged under ordinary negligence rules. Common issues include broken equipment, unsafe surfacing, poor maintenance, and supervision. The firm’s school liability page covers injuries at school.

It depends on the facts. A spectator can be hurt by a risk that is part of watching the game, such as a ball leaving the field during play, and a claim then usually requires showing that the team or facility unreasonably increased that risk or failed to minimize a risk that is not part of the game (CACI No. 472). An injury before the game, away from the field of play, or from something unrelated to the sport can be judged under ordinary rules.

Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1, and for a minor that period generally does not run until age 18 (§ 352(a)). But if a school district, city, or county may be responsible, a written government claim is generally due within six months, with no automatic extension for minors (§ 352(b); Government Code § 911.2). A child’s settlement also generally needs court approval (Probate Code § 3500).