When a parent sends their child to sports camp, they expect their young athlete will have the time of their life, make many new friends, improve on their skills, and be cared for properly throughout the duration of the session. However, when a child experiences serious injury in a controlled environment, like a sports camp, parents may have legal authority to sue the camp.
After having attended a youth wrestling camp last month, a young man from Tennessee experienced a traumatic brain injury. His father has decided to sue the camp for $600,000 in damages.
The two main liabilities for the camp in this type of situation are:
- Premises liability: The owners of a business are generally liable for any accidents or injuries that occur on their property. Premises liability can be especially reinforced when the accident or situation involves a child.
- Improper Background Checks: The owners of a business must make sure that all employees are certified and have been properly vetted according to the law.
The two main defenses for the camp in this type of situation are:
- Assumption of risk: This legal theory states that obvious, known, risks for whatever activity (i.e. brain injuries in football) should be strongly considered by the active guardian of a child before the child can even participate in the event.
- Waivers: If a camp gets waivers and/or permission slips signed by parents stating the child’s permission to perform in whatever activity, then the parent has given their consent to the camp’s supervision and responsibility of their child.
Bringing a lawsuit against a camp for an injury like this is certainly in the realm of understanding. But, winning a case like this may be harder than you think. An experienced personal injury attorney can be a great aid under such circumstances.