Before a child is allowed to play sports - either at school or in a recreational league - parents are often asked to sign a waiver. 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 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.
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 are the result of reckless choices on the part of 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.