Legal Claims for Sports-Related Brain Injuries
Sports and recreational activities are a leading cause of traumatic brain injuries, particularly among children and young adults. The Centers for Disease Control and Prevention (CDC) estimates that sports and recreation-related TBIs account for hundreds of thousands of emergency department visits annually. While inherent risks exist in athletic activities, many sports-related brain injuries are preventable — caused by negligent coaching, inadequate equipment, unsafe facilities, and failures to follow concussion protocols.
At Roden Law, our sports-related brain injury lawyers represent athletes, students, and recreational participants across Georgia and South Carolina who have suffered concussions, severe TBIs, and second impact syndrome due to another party’s negligence.
Georgia and South Carolina Concussion Legislation
Both Georgia and South Carolina have enacted youth concussion safety laws that establish standards of care for sports organizations:
Georgia’s Return to Play Act of 2013 (O.C.G.A. § 20-2-324.1) requires youth sports organizations and schools to provide concussion information to athletes and parents, remove from play any athlete suspected of sustaining a concussion, and require written clearance from a licensed healthcare provider before the athlete can return to play. Failure to comply with these requirements can serve as evidence of negligence.
South Carolina’s Youth Athletic Concussion Prevention Act (S.C. Code § 59-63-75) imposes similar requirements, mandating annual concussion education, immediate removal from play when concussion is suspected, and written medical clearance before return to activity.
Common Causes of Sports-Related Brain Injuries
Negligence in sports settings takes many forms:
- Failure to follow return-to-play protocols: Allowing concussed athletes to return before medical clearance, risking second impact syndrome
- Inadequate coaching: Teaching or encouraging dangerous techniques, such as leading with the head in football
- Defective equipment: Faulty helmets, headgear, or protective padding that fail to absorb impact adequately
- Unsafe facilities: Poorly maintained fields, gyms, or recreational spaces with hazardous conditions
- Negligent supervision: Inadequate oversight of youth athletes during practice and competition
- Mismatched competition: Pairing athletes of drastically different size, skill, or age in contact activities
- Failure to train staff: Coaches and trainers not trained to recognize concussion symptoms
Sports Most Associated with Brain Injuries
While brain injuries can occur in any sport, certain activities carry elevated risk: football (the leading cause of sports-related TBI in the United States), soccer (particularly from heading the ball), lacrosse, hockey, wrestling, basketball, cheerleading and gymnastics, boxing and martial arts, cycling, and equestrian sports. Each sport has specific mechanisms of brain injury and applicable safety standards that inform the legal analysis of negligence.
Assumption of Risk Defense
Defendants in sports injury cases frequently raise the assumption of risk defense, arguing that the athlete voluntarily accepted the inherent risks of the activity. However, Georgia and South Carolina courts recognize that assumption of risk does not shield defendants from liability for negligent acts that go beyond the inherent risks of the sport — such as returning a concussed athlete to play, providing defective equipment, or maintaining unsafe facilities. Our attorneys distinguish between inherent sporting risks (which may be assumed) and negligent conduct (which is actionable).
Damages in Sports-Related Brain Injury Cases
Athletes who suffer brain injuries due to negligence may recover compensation for emergency and ongoing medical treatment, cognitive rehabilitation and neuropsychological therapy, lost scholarship opportunities and academic impact, future medical monitoring for progressive brain conditions, pain and suffering, and impact on athletic career and quality of life. For young athletes, the long-term consequences of brain injuries can affect educational achievement, career trajectory, and lifetime earning capacity.
Why Choose Roden Law for Sports-Related Brain Injury Cases
Our attorneys understand both the medical science of sports concussions and the legal standards governing athletic organizations, schools, and recreational facilities. We hold negligent parties accountable while navigating the complex defenses these cases present. Contact us for a free consultation — no fee unless we win.