Liability for a Football Injury: When Schools, Coaches, and Others May Be Responsible

Football is a high-contact sport, and some level of physical contact is an inherent part of the game. But not every football injury is simply an unavoidable consequence of playing the sport. When a player is injured because a school, coach, athletic program, property owner, or another responsible party failed to take reasonable safety precautions, the injured athlete and family may have grounds for a personal injury claim.

Football injuries can range from sprains and broken bones to spinal cord injuries, traumatic brain injuries, and permanent disabilities. The Centers for Disease Control and Prevention (CDC) has found that football has historically had one of the highest injury rates among high school sports. In one nationally representative study, football had an overall injury rate of 4.36 injuries per 1,000 athlete exposures, higher than the other sports studied.

For families dealing with a serious football injury, determining who is legally responsible can be complicated, particularly when the injury occurred during a school-sponsored activity. Illinois law provides certain protections to public schools and their employees, but those protections are not absolute.

“Football is a demanding sport, but an athlete should not have to accept preventable dangers as simply part of the game. When a school, coach, or other responsible party fails to follow safety requirements or ignores a known risk, we believe those circumstances deserve a thorough investigation.” — John J. Malm, Naperville injury attorney

Common Causes of Football Injuries

Football players can be injured during practices, games, conditioning sessions, team activities, or other school-sponsored events. Some injuries are unavoidable consequences of ordinary play. Others may result from negligence or conduct that goes beyond the risks a player reasonably assumes by participating. Examples of potentially preventable football injuries include:

• Concussions and other traumatic brain injuries
• Spinal cord and neck injuries
• Broken bones and fractures
• Torn ACLs and other serious knee injuries
• Shoulder dislocations and separations
• Heat-related illnesses
• Injuries caused by defective or inadequate equipment
• Injuries caused by unsafe playing surfaces
• Injuries resulting from inadequate supervision
• Injuries caused by improper tackling techniques or unsafe drills
• Injuries resulting from allowing an athlete to play despite a known injury
• Injuries caused by failing to respond appropriately to an emergency

The circumstances surrounding the injury are critical. A football player who suffers a broken bone during a routine tackle may have a very different legal claim from an athlete who is repeatedly instructed to participate despite obvious concussion symptoms.

When Can a School Be Liable for a Football Injury?

Schools generally have responsibilities to provide a reasonably safe environment for students participating in school-sponsored activities. That does not mean a school guarantees that students will never be injured. Football is inherently physical, and Illinois law recognizes that certain recreational activities involve substantial risks.

For public schools, however, the Illinois Local Governmental and Governmental Employees Tort Immunity Act can significantly affect an injured student’s ability to bring a claim. The Act provides special protections to local public entities and public employees in certain circumstances. For example, Section 3-108 addresses supervision of activities on public property and generally requires willful and wanton conduct in circumstances covered by that provision.

Illinois law also specifically addresses hazardous recreational activities. Section 3-109 identifies “body contact sports” in which rough bodily contact is reasonably foreseeable as hazardous recreational activities. Football has been recognized by Illinois courts as falling within this category.

That does not mean an injured football player automatically has no legal claim. Section 3-109 contains important exceptions, including situations involving a dangerous condition of which the public entity had actual or constructive notice and the participant did not have, and could not reasonably have been expected to have, notice. The statute also does not protect willful and wanton conduct.

Consequently, a football injury case involving an Illinois public school requires careful examination of exactly what happened, who was responsible, what the school knew, and whether an exception to immunity applies.

Can a Football Coach Be Held Responsible?

Coaches occupy a position of significant responsibility because they control many aspects of football practices and games. They determine drills, establish rules, monitor players, and often decide whether an athlete participates in certain activities. Potential problems can arise when a coach:

• Fails to properly supervise players
• Allows dangerous or inappropriate drills
• Encourages unsafe tackling techniques
• Ignores known safety concerns
• Allows an injured player to continue practicing
• Fails to respond appropriately to signs of a concussion
• Fails to obtain appropriate medical assistance
• Uses equipment improperly
• Requires athletes to practice in dangerous weather conditions
• Fails to follow established school safety protocols

A coach’s responsibilities can be particularly important in concussion cases. Illinois law requires coaches of interscholastic athletic activities to receive concussion-related training, and the law specifically addresses the removal and return of student athletes following suspected concussions.

For public-school coaches, however, the legal analysis can be different from a claim against a private coach or private school. Governmental immunity provisions may apply depending on the circumstances, including provisions concerning supervision and employee conduct. Whether a coach’s conduct rises to the level required to overcome an immunity defense is a fact-specific legal question.

Football Concussions and Failure to Remove an Injured Player

Concussions are among the most important safety issues in football. A player does not need to lose consciousness to have a concussion, and symptoms may not always be immediately obvious. Illinois has enacted specific requirements governing student athletes and concussions. Under 105 ILCS 5/22-80, schools participating in interscholastic athletics must have concussion oversight procedures and return-to-play protocols. A student must be removed from an athletic practice or competition immediately when certain designated individuals believe the student may have sustained a concussion.

The law also provides that a coach may not authorize a student’s return to play or return to learn following a suspected concussion. The student must undergo the required evaluation and satisfy the applicable return-to-play requirements before returning to competition. This is important because allowing an athlete to remain on the field after a suspected concussion can potentially transform a football injury into a much more serious medical emergency.

Schools Must Have Emergency Procedures

Football injuries can become life-threatening within minutes. Schools therefore have responsibilities concerning emergency preparedness as well as injury prevention. Illinois law requires public, charter, and private schools covered by the statute to develop school-specific emergency action plans for interscholastic athletic activities. These plans must address serious injuries and acute medical conditions in which a student’s condition may deteriorate rapidly. The plan must address matters including roles, communication methods, emergency equipment, and access to emergency transportation.

A failure to follow an established emergency action plan may become important evidence in an injury investigation. For example, investigators may need to determine whether:

• Appropriate emergency personnel were present.
• Coaches knew how to respond to a serious injury.
• Emergency equipment was available.
• Emergency medical services could access the field.
• School personnel promptly called 911.
• A player was improperly moved after a suspected spinal injury.
• A known concussion was ignored or improperly managed.

The exact facts determine whether a failure constitutes legally actionable conduct.

Unsafe Football Fields and Equipment

Not every football injury results from player-to-player contact. Players can also be injured because of dangerous conditions on the field or defective equipment. Potential hazards include uneven playing surfaces, holes, exposed objects, inadequate padding, improperly maintained goalposts, dangerous sideline conditions, or other hazards that create risks beyond those ordinarily associated with football. Equipment may also be relevant. Helmets, shoulder pads, mouthguards, goalposts, and other protective equipment should be appropriately selected, maintained, and used.

For public schools, Illinois governmental immunity can complicate claims based on conditions of public recreational property. Section 3-106 generally provides immunity for injuries based on conditions of public property intended or permitted for recreational purposes unless the public entity or employee is guilty of willful and wanton conduct.

The analysis becomes particularly important when the dangerous condition was something a player could not reasonably be expected to discover. Illinois’ hazardous recreational activity provision also contains an exception involving failure to guard or warn against a dangerous condition of which the public entity had actual or constructive notice and the participant did not have, and could not reasonably have been expected to have, notice.

Does Playing Football Mean You Assumed the Risk?

A school, coach, or insurance company may argue that an athlete voluntarily participated in football and therefore accepted the risk of injury. There is an important distinction, however, between accepting the ordinary risks of football and accepting every form of negligent or wrongful conduct. Players understand that football involves tackling, blocking, collisions, falls, and other physical contact. That does not necessarily mean an athlete agreed to:

• An unsafe playing surface
• Defective equipment
• Deliberate violations of safety rules
• Being knowingly placed in a dangerous situation
• A coach ignoring a suspected concussion
• An unsafe training exercise unrelated to the ordinary risks of the sport
• A failure to follow legally required concussion procedures

The legal question depends heavily on the nature and circumstances of the injury.

What About Private Schools and Youth Football Programs?

The analysis can differ substantially depending on who operates the football program. A private school generally does not receive the same governmental immunity protections applicable to a public school district. Likewise, a private youth football organization, nonprofit, athletic club, or other organization may face different legal standards depending on its structure and contractual arrangements. Potentially responsible parties can include:

• A private school
• A public school district
• A youth football organization
• A coach or assistant coach
• A training facility
• A property owner
• An equipment manufacturer
• An equipment supplier
• Another participant in certain circumstances

Waivers and participation agreements can also affect a claim, but signing a waiver does not necessarily resolve every legal issue. The precise language, applicable law, and circumstances of the injury must be examined.

What Evidence Is Important After a Football Injury?

Football injury cases can become difficult when evidence disappears or memories fade. Families should preserve relevant records as soon as possible. Important evidence may include:

• Medical records and emergency-room records
• Photographs of the field and equipment
• Video of the practice or game
• Game footage and school surveillance footage
• Text messages and emails
• Team rules and safety policies
• Concussion protocols
• Emergency action plans
• Coach training records
• Athletic trainer records
• Prior injury reports
• Witness statements
• Incident reports
• School communications with parents
• Equipment inspection and maintenance records

The history of what the school or coach knew before the injury can be particularly significant.

What Compensation May Be Available?

Depending on the circumstances and the responsible party, an injured athlete may potentially seek compensation for damages such as:

• Emergency and ongoing medical expenses
• Rehabilitation and therapy
• Future medical treatment
• Lost income or reduced earning capacity
• Physical pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of normal life

In a catastrophic injury involving a child, the long-term financial consequences can be substantial. A spinal cord injury or traumatic brain injury may require years of medical treatment, therapy, assistive equipment, educational accommodations, and other services.

Time Limits for Illinois Football Injury Claims

Time limits are particularly important when the defendant is a public school district or another local governmental entity. Under Section 8-101 of the Illinois Tort Immunity Act, civil actions against a local entity or its employees generally must be commenced within one year after the injury was received or the cause of action accrued, subject to statutory exceptions.

Because different defendants and different causes of action can involve different deadlines and legal rules, families should not assume they have the ordinary two-year personal injury deadline. Waiting can jeopardize a claim. A prompt investigation can also help preserve video, identify witnesses, document field conditions, and obtain relevant school records.

Frequently Asked Questions About Football Injury Liability

Can I sue a school if my child was injured playing football?

Potentially. The answer depends on the circumstances of the injury and whether the school is public or private. Public schools may have governmental immunity defenses that do not apply to private schools, but Illinois law contains exceptions to those protections.

Can a football coach be personally liable for an injury?

Potentially, depending on the coach’s conduct and whether the coach is a public employee. Governmental immunity can affect claims against public-school coaches. Evidence showing reckless, willful, or wanton conduct may be particularly important.

Can a school be liable for a concussion?

Potentially. Illinois has specific requirements concerning concussion identification, removal from play, medical evaluation, return-to-play procedures, and coach training. A failure to follow applicable requirements may be important in evaluating liability.

What if my child was told to keep playing after a head injury?

Tell the child’s medical providers exactly what happened and preserve any evidence concerning the incident. A claim involving a suspected concussion requires careful investigation of what the coach, trainer, school, and other personnel knew and when they knew it.

Does a football injury automatically mean someone was negligent?

No. Football is a contact sport, and many injuries occur during ordinary play without anyone being legally responsible. A successful claim generally requires evidence establishing a legally actionable basis for liability.

How long do I have to file a football injury lawsuit in Illinois?

The deadline depends on the defendant and the nature of the claim. Claims involving public schools and local governmental entities can be subject to a one-year limitation under the Tort Immunity Act. Because exceptions and other deadlines can apply, an injured athlete or family should obtain legal advice promptly.

Contact the Experienced Football Injury Attorneys at John J. Malm & Associates

Football teaches discipline, teamwork, and perseverance, but those benefits do not eliminate the responsibility of schools, coaches, athletic programs, and other organizations to take reasonable measures to protect the athletes entrusted to them. When a football injury results from more than the ordinary risks of the sport, determining what happened and who may be legally responsible can make a significant difference for an injured athlete and his or her family.

At John J. Malm & Associates, we investigate serious injury claims involving schools, coaches, athletic programs, dangerous conditions, and other potentially responsible parties. If you or your child suffered a serious football injury, contact our firm for a free consultation so we can discuss what happened, investigate the circumstances, and help you understand your legal options.