Sports Injuries

Liability in South Florida Sports Injury Cases

Published on: August 7, 2017 | by Friedman Rodman Frank & Estrada, P.A.

Most athletes know that playing sports can result in certain types of injuries. Most often, these injuries are muscle sprains or other injuries related to the overuse of specific muscle groups. However, certain sports present a higher risk of serious injuries. In some cases, those who are seriously injured while participating in a sporting activity may be able to seek compensation for their injuries from the organization that oversees the activity. Often, this is either a sports league or a school.Both sports leagues and schools that offer sports programs owe players a duty to ensure that the sporting event is run in a safe manner and that players are appropriately warned of the risks involved with participation. If an organization fails to warn a player who is later injured due to an undisclosed risk, the player may have a case for negligence against the organization.

Prevalence of CTE Among Football Players Much Greater than Originally Thought

Earlier this month, a neuropathological study was released, finding that football players at all levels may be at a greater risk for developing chronic traumatic encephalopathy (CTE) than previously thought. CTE has frequently been in the news over the past several years, in part due to the lawsuit that several hundred former NFL players and their families have filed against the NFL.

Court Affirms Judgment for Defendant in Case Filed after Fatal Skateboarding Accident

Published on: June 30, 2016 | by Friedman Rodman Frank & Estrada, P.A.

The Supreme Court of the State of California recently released an opinion in which they affirmed a lower court’s ruling granting summary judgment to the defendant in a wrongful death lawsuit. The negligence suit was filed by the family members of a boy who died after striking a manhole cover and falling from his skateboard while riding on a roadway that was operated by one of the defendants. The suit alleged that the defendants negligently failed to maintain a safe roadway and should be held accountable for the damages related to the boy’s death. The district court granted summary judgment to the defendants, finding that by participating in the inherently dangerous activity of skateboarding, the boy assumed the risk that he would be injured or killed by a condition on the roadway. As a result of the state supreme court’s recent decision, the plaintiffs will be unable to collect compensation for their claim.

A Tragic Accident Results in a Boy’s Death

The plaintiffs in the case of Bertsch v. Mammoth Community Water District were the surviving family members of a boy who died in a skateboarding accident in September 2011. According to the facts as recited in the appellate opinion, the victim and his brother were skateboarding around the hilly Mammoth Lakes area while their family visited a condominium that was owned by a friend. While waiting to meet their father, the boys rode their skateboards around the roads “for fun,” and they repeatedly pushed up and rode down the same hill near the condominium complex. As the victim was descending the hill on one of these occasions, his skateboard wheels became lodged in a small gap between the roadway and a manhole cover, and he was ejected from the board. His head struck the pavement, causing a traumatic brain injury and resulting in the boy’s death.

Judgment Is Affirmed for Defendants in Plaintiffs’ Wrongful Death Lawsuit

After the boy’s death, a wrongful death lawsuit was filed by his family, alleging that the defendants maintained a dangerous condition on the roadway. Before a trial on the issues, the district court ruled that the plaintiff could not recover damages as a matter of law, since the victim had assumed the risk of serious injury or death by skateboarding for leisure on the roadway.

Families of Athletes Diagnosed with Chronic Traumatic Encephalopathy May Have Claim against Sports League

Published on: March 25, 2016 | by Friedman Rodman Frank & Estrada, P.A.

By this time, most people have heard at least something about the tragic degenerative brain disease chronic traumatic encephalopathy, otherwise known as CTE. This brain injury has been making headlines across the United States as it was recently discovered that many professional athletes have been suffering with this deadly disease.In the past, CTE was most frequently associated with professional boxers. In fact, it was often called “punch-drunk” syndrome. It is a type of brain damage which is caused by repeated trauma to the head. It is considered a degenerative disease because it persists and worsens over time, and eventually leads the brain to be susceptible to atrophy.

Sadly, the symptoms of CTE are particularly devastating. The most reported symptoms include impulse control issues, memory and cognition impairments, confusion, early-onset dementia, and other mental health problems. As the disease progresses it can lead to behavioral issues including: aggression, severe depression, and even suicidal tendencies. Until very recently, the disease could only be diagnosed after the individual has passed away. There has been some research that revealed signs of CTE just prior to a football player’s death; however, it is still generally considered to be a condition that can only be diagnosed after death.