Articles Posted in Sports Injury & Recreational Accidents

Many of us have wondered about how we would act in an emergency. Would we step in as a Good Samaritan and attempt to rescue a stranger? One of many valid concerns for a would-be-rescuer is fear of suffering a severe injury themselves. It is an issue many are pondering after the events that followed Sunday’s Raiders game. As an Oakland injury law firm, we wanted to take a look at legal issues related to Good Samaritan injuries – Does the law provide recourse for an injured rescuer? Does this change if the person the rescuer sought to help had placed him/herself in peril?

Good Samaritan Injured Catching Woman Who Jumped from Stadium Deck

On Sunday, the Oakland Raiders lost. We don’t know if that loss was a factor in a woman’s decision to enter a closed section of the O.co Coliseum and leap off the third deck. The San Francisco Chronicle reports that two people on the concourse below unsuccessfully tried to persuade the woman not to jump. Officials with the Alameda County Sheriff’s Office report that one Good Samaritan attempted to catch the woman, breaking her fall and likely saving her life. Ultimately, the woman was knocked unconscious and taken to the hospital in critical condition. The Good Samaritan incurred serious injuries.

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Last week on these pages we discussed how, as high school sports have become an increasingly competitive pursuit, the number of serious sports-linked injuries have also increased. However, according to a recent report in the San Francisco Chronicle, the increasing tendency for youths to concentrate on one sport for longer periods of time has loomed as another reason for the surge in youth sports injuries, a development that has our personal injury attorney particularly concerned.

As the article in the Chronicle suggested, the quest for sharper skills as well as scholarships and college success has been a driving force behind the focus on one sport among youths. Unfortunately, this trend has translated into repetition, more strain and thus more injuries. Indeed, injuries blamed on overuse are responsible for half of all sports injuries among middle and high school students, with specialization a likely cause. And there has been a startling five-fold increase in the number of serious elbow and shoulder injuries to youth baseball and softball players since 2000.

A closer look at the statistics on youth sports injuries supports the notion that the trend toward specialization has had some negative physical consequences for its participants. A report in USA Today graphically illustrated that 1.35 million youths a year sustain serious sports injuries that are diagnosed in emergency rooms in the United States. The most common injuries that triggered ER visits in 2012 were, in descending order, 451,480 for strains or sprains, 249,500 for fractures, 210,640 for contusions and abrasions, and 163,670 for concussions. During 2012, football and basketball vied for the highest number of injuries among athletes age 19 and under, with the former responsible for 394,350 injuries and the latter 389,610 injuries. The next closest popular sport to be linked to an ER-treated youth injury in 2012 was soccer, with 172,460 injuries. Not surprisingly, football was responsible for the highest number of concussions – 58,080 – among athletes age 19 and younger in 2012, with 47 percent of all youth sports-linked concussions sustained by those youths age 12 to 15.

The Lucile Packard Children’s Hospital at Stanford has compiled some other unsettling statistics concerning youth sports injuries in the United States, including these:

  • Looking at just children and adolescents age 14 and younger, approximately 3.5 million are injured every year while playing sports or engaging in recreational activities.
  • While deaths from sports injuries are rare, brain injuries are the No. 1 cause of death among sports-related injuries.
  • Sports and other recreational activities are tied to approximately 21 percent of all traumatic brain injuries sustained by children and adolescents.
  • More than 775,000 children and adolescents age 14 and younger receive treatment in hospital emergency rooms every year due to suffering a sport-related injury.

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Basketball.jpgAs high school sports become increasingly competitve, life altering injuries are becoming increasingly common. Unfortunately, some serious injuries can come across as benign to the untrained eye. When a high school basketball player bumped heads with another player in the middle of a game, it was not readily obvious until months later that he had experienced a concussion. Elsewhere, a high school football player experienced a series of headaches over several days before collapsing on the field, later learning that the headaches were signs of a serious brain injury. Because of these dangers, it is critical that schools promote a safe environment for sports. At the same time, players need to be educated about safety in sports, and how to advocate for themselves when they have an injury.

In some schools, there are certified athletic trainers who are trained to assess injuries to determine whether or not they are benign. However these trained professionals are not required to be certified in California, Hawaii and Alaska . In California, only two fifths of the athletic trainers are certified. As a result, the role of the athletic staff-the coaches and trainers-are all the more important as supervisors of student athletes. Of course, all the supervision in the world cannot perfectly prevent the unavoidable-instead, supervision is a means to enforce rules that promote safety.

Since not everyone involved in sports programs is a trained medical professional, It can be difficult to connect initial symptoms to a serious injury. As a parent, coach or athlete, it is important to be aware of some general signs that may suggest a possibly serious injury. For example, some common injuries are concussions and spinal cord injuries. Although such injuries range in severity and how they present themselves, there are some general signs to keep an eye out for. Concussions are often associated with loss of concentration, memory, headaches or impaired judgment. Some possible signs of a spinal injury include extreme back or neck pain and difficulty breathing or walking. Of course, these are look-out signs, and not definitive on their own. Knowing to look for possible signs of a serious injury can help athletes, parents and coaches seek medical attention to verify whether the player is healthy, and if not, to find out what can be done to help.

Just this month, the California legislature passed a law requiring private schools to disallow students who have concussions from playing in their respective sports until they are cleared by a health professional. In some area schools, there is a discussion about requiring players to have medical examinations done as a baseline for any future injury. This would give doctors a reference point to see if there are cognitive changes for the individual (rather than average) baseline. This has become a policy of the National Football League, where at the beginning of each season,professional football players are examined by doctors to establish a baseline.

The NFHS (National Federation of High Schools) and NIAAA (National Interscholastic Athletic Administrator Association) have put together a useful guide that outlines some safety guidelines that coaches can implement. The guide explains that there is a benefit to matching players with other players who are comparable in size, age, speed, and experience so that players can be challenged without being in danger. Another element considered by the guide is that of conditioning-it is helpful to train the student athletes gradually to adjust their bodies to rigorous exercise. A final item on the guide is the coach’s to assessment of athletes’ ability to reasonably accomplish tasks without hurting themselves. Along those lines, student athletes experiencing discomfort can advocate for their own safety by expressing any injury or discomfort that is not readily visible so that athletic staff can make more informed decisions about the safety of the players.
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Part of the attraction of roller coasters and other amusement rides is getting the thrill of risk and the rush of adrenaline while still having faith that you (and, often, your children) are safe. However, as illustrated by an incident that injured thirteen fairgoers in Connecticut on Sunday, amusement park injuries do occur. Our thoughts go out to the victims, seemingly all children according to a report in the Sacramento Bee. As a San Francisco injury attorney and a lawyer for amusement park injuries in Northern California, Attorney Greg Brod knows that such injuries can range from minor to catastrophic and even fatal. In California, the state’s highest court recently handed down a ruling about these injuries.

Background of the Case

On the final day of 2012, the Supreme Court of California issued an important ruling on the liability of amusement parks for injuries sustained by riders in California. The plaintiff in Nalwa v. Cedar Fair fractured her wrist while riding the bumper cars with her children at the Great America in Santa Clara on July 5, 2005. The trial court granted summary judgment to the park on the plaintiff’s negligence and willful misconduct claims, suggesting the plaintiff did not have a legal claim against the park. The Court of Appeals reversed that decision. In the ruling handed down on December 31, 2012, the state Supreme Court found in favor of the amusement park.

Sports play a significant role in the lives of young people in America today. Even before they start school, kids are involved in community sports such as T-ball, PeeWee football, and youth soccer. Sports can be a wonderful addition to a child’s life, teaching teamwork and social skills while helping to keep kids healthy, combatting the threat of childhood obesity, and instilling a lifetime appreciation of physical fitness. However, as San Francisco sports lawyer Gregory Brod knows all too well, youth sports can also lead to injuries ranging from bumps and bruises to compound fractures. Another serious threat, one that is beginning to get the attention it demands, is a childhood sports concussion.

Statistics on Youth Sports & Traumatic Brain Injury

brain.jpgAccording to the experts at the Center for Disease Control , each year ERs in the United States see about 173,285 cases of traumatic brain injury (“TBI”), including concussions, in children and adolescents aged 0 to 19 years stemming from sports and other recreation activities. These injuries have risen by 60% over the last decade. Among high school athletes, TBI occurs most often in football and girls’ soccer. In children under age 9, other common causes of TBI include bicycle riding and playground activity.

Sports can be a terrific addition to a young person’s life. Playing builds confidence and leadership skills while boosting physical activity, a key element to a healthy childhood and a healthy life. Our firm is filled with parents and community members who are proud to support youth and school teams throughout our region. However, as your Sacramento sports injury law firm, we also know that safety is essential. Playing is often much more physical than it was even a generation ago and some young athletes are pushed beyond their limits by involvement in multiple sports and teams at both the school and community level.

goal.jpgOne important measure designed to ensure the health and safety of our young athletes is the requirement of an annual physical. A disturbing report in The Sacramento Bee has uncovered allegations that a representative at a local district skimped on this key safety step. Officials at Twin Rivers Unified School District are looking into allegations that an unauthorized employee at Foothill High School conducted student athlete’s sports physicals, charging a fee for the service. All student athletes are required to undergo a physical performed by a medical doctor, nurse practitioner, physician’s assistant, or doctor of osteopathy. According to allegations, the unidentified employee signed physical forms for approximately fifteen students after only a limited examination. Tom Janis, the district’s Assistant Superintendent, said that Twin Rivers learned of the allegations late last week. He noted that the allegations could endanger the lives of student athletes. Parents of the students involved in the physicals have been contacted and the district is issuing refunds. The school district’s Police Department is also investigating the allegations and Janis said the district will seek disciplinary action if the claims are proven.

California law takes student safety very seriously. As we previously reported on this blog, a new law took effect in January that required school personnel to be alert for concussions in student athletes. When a concussion is suspected, schools must keep the player out of practices and games until a licensed medical provider issues a written clearance. This legislation followed a significant rise in the number of young athletes suffering from concussions, a problem that is not limited to football players and that can impact both male and female athletes.

On October 5, 2011 California Governor Jerry Brown signed into law Assembly Bill No. 25

which requires that schools with elective sports programs pay closer attention to concussions. The bill exhorts school personnel to sit out players with a suspected concussion. The athletes are not allowed to return to play without written clearance by a licensed medical provider.

The passage of Assembly Bill No. 25 follows the well-covered deaths of high school students Jaquan Waller in September of 2008 and of Ryne Dougherty in October of the same year. Each player died after they were returned to play too soon after suffering a concussion.

Concussions are caused by a sudden blow which moves the brain rapidly inside the skull. The arteries in the brain constrict, reducing blood flow. Concussions slow reaction time and decrease coordination, significantly increasing the chances of a second concussion if an athlete is not allowed to fully recover. A second impact may cause the brain to swell and puts the concussed person at risk for cerebral bleeding and fatal brain stem failure. A second concussion that occurs before the first is healed is known as second impact syndrome.

Symptoms of concussion include dizziness, disorientation, nausea, headaches, cognitive difficulties, and changes in sleep patterns. The majority of concussions are classified as mild and 90% of concussions sufferers do not lose consciousness. Since the common symptoms of concussions are not obviously physical signs, concussions are difficult to identify.

The bill’s requirements aim to protect students eighteen years old and under because they are susceptible to more frequent and more severe concussions than older athletes as their brains are still in the development stage. Concussions may have serious negative effects on students’ academic abilities and on their physical well-being. It is irresponsible of schools to allow students to return to play based on whether they feel well enough, as students desire to play and the pressure to perform causes them to lie about symptoms. Some schools have implemented concussion management programs to determine if a student athlete has suffered a concussion. Initial tests include analytical and memory questions asked of a student who has a suspected concussion, as well as a physical assessment to determine reaction times and coordination.

Schools and families should also be aware that football is not the only sport that has a high risk of concussions. Girls who play soccer actually suffer higher rates of concussion than helmet-bearing football players. Men and women’s lacrosse also see high rates of concussion injuries.

California schools now have a duty by law to immediately take players of elective sports out of the game with suspected brain injuries until a doctor deems them fully recovered. Schools that deviate from this duty and do not identify high risk students and look out for possible concussions are exposing themselves to allegations of negligence and possible lawsuits. Furthermore, coaches or athletic trainers that feel the pressure to return athletes too early to play in key games may stunt the recovery of the athlete and create a liability for the school. For instance in New Jersey, where a similar law exists, La Salle University settled with the family of Preston Plevretes for $7.5 million dollars after he suffered second impact syndrome.

Photo credit: kconnors from morguefile.com
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