So, does a waiver mean you can't pursue a lawsuit for your child's sports injury? My name is Kenneth Berger, and I represent injured children in Columbia, South Carolina, and throughout our state. I created this video because a lot of kids are getting hurt playing sports, and their parents are unsure of what their rights as a family may be. Now, I grew up playing sports, and at the start of every season, my parents would always have to sign a waiver. What they were waiving was my right to bring a claim and their right to bring a claim if I got hurt in just a typical accident. If I was playing basketball and somehow, in the game, I got hurt, well, that's what a waiver is for. What waivers don't excuse is when another person or another team does something that's unnecessarily dangerous. In other words, a waiver doesn't waive your right to pursue a fair result or fair compensation when someone else is grossly negligent or reckless. The waiver simply applies to accidents. The waiver in no way robs you of your right to bring a claim when someone else recklessly or intentionally causes harm. If you have questions about sports injuries, your child's rights, and your rights, know that we're here to help. You can call me for a free consultation or request free copies of my books on our website. Above all else, know that we're here for you. And we want to make sure that your children's rights are protected and that the people who caused harm, be it recklessly or intentionally, are held accountable for what they’ve done. If you or someone you care about suffered a spinal cord injury, you have come to the right place. My name is Kenneth Berger. I practice law here in Columbia, South Carolina, and my entire job revolves around helping people who've had catastrophic injuries. First of all, human to human, I want to express my sympathy for what you're going through. Spinal cord injuries are life-changing – not just for the injured person, but for their family, for their friends, and their caretakers. Even though there's a very tough road ahead filled with doctor appointments and rehabilitation, I want to assure you that from a legal standpoint, you don’t have to go through it by yourself. Although my personal injury firm has won multiple awards for successes in the legal field, what gives us the most pride is knowing that we have helped numerous clients achieve peace of mind by allowing them to focus on healing while we handle everything else - be it ensuring the client gets the best medical care, to negotiating reductions on medical bills, to standing up against insurance companies and the people that hurt you when they simply refuse to acknowledge the depth and the impact that their actions had on an innocent human being, our entire team works hard, very diligently to help people with catastrophic injuries in South Carolina. So, if you have suffered a spinal cord injury, if you're living with someone who's dealing with a spinal cord injury, know that we are here to help. You can take some time on our website; we've got a lot of articles, a lot of videos, and a lot of FAQs that cover different facets of catastrophic injury cases. When you’re ready, contact our office to find out how we can help you. As we have done with many clients, we want to know your story. We want to be able to get to know you so that you'll know that you're treated like family because it's through getting to know you person to person, through getting to know us person to person, through developing that trust and rapport that we're able to achieve fair results and just results for people who are oftentimes are dealing with something lifelong, yet only have one true shot at legal justice.

Parents are often asked to sign a waiver before a child is allowed to play sports - either at school or in a recreational league. In South Carolina, waivers might prevent you from filing a simple negligence claim, but a waiver will not bar a claim based on gross negligence, recklessness, or intentional conduct. In other words, if your son or daughter sustains an injury because of something other than an unpreventable accident, you may still attempt to hold the at-fault party responsible. For example, if a coach or school knowingly allowed children to play football with sub-standard helmets, and as a result, a child suffered a serious head injury, the waiver would likely be ignored by a judge.

Not All Sports Injuries Are Covered By Waivers

Sports-related injuries are common in South Carolina and across the country. Many times, these injuries are "just part of the game." Other times, however, these injuries result from reckless choices by a coach, league, or athletic director. When you sign a waiver, you "waive" your right to seek compensation for unpreventable accidents, but signing a waiver does not give anyone the right to place your child in needless danger.

If your son or daughter suffered a serious sports injury, and you have questions about your family's legal rights, contact me today at (803) 790-2800 for a free consultation. My office is in Columbia, but I handle cases throughout South Carolina. 

Common School Sports Injuries and Statistics

Whether it is little league baseball, intramural basketball, volleyball, wrestling, or another school sport, the safety of the players should always take priority over winning. Sports can be rough, though, especially contact sports like football. Safe Kids Worldwide reports that in 2013, over 2.6 million children (ages 19 and under) visited the emergency room for sports and recreation injuries, with football and basketball leading the pack in the number of injuries per sport.

Some of the more common or severe types of sports injuries may include the following:

  • Joint dislocations
  • Rotator cuff (shoulder) injuries or tears
  • Bone fractures
  • Injuries to the knee
  • Concussions
  • Spinal trauma
  • Anterior cruciate ligament (ACL) tears

These types of injuries may happen in the normal course of sports, and parents and children should be prepared for that eventuality. However, there are cases when injuries may be caused by negligence on the part of the school or other parties involved, so you should know your rights and how liability is determined.

Pursuing Damages When You Signed A Sports Waiver

If you are concerned about the rights of your child and whether legal action may be warranted after a school sports injury, it is best to speak to a Myrtle Beach personal injury attorney before you speak with the school or its insurance company. The Law Office of Kenneth E. Berger offers free consultations so that you and your family can get the help you need right away. You can reach us by telephone, use the live chat box, or send us an email using the contact link on this page to get the answers you need about school sports injury liability today. Our main office is located in Columbia, but we proudly serve clients from all over the state, including Lexington, Charleston, and Myrtle Beach.

Kenneth Berger
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Columbia and Myrtle Beach car accident and personal injury lawyer dedicated to securing justice for clients.