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Managing Liability In High-Risk Stunts In Cheerleading And Contact Sports

Posted by Bautista Leroy | May 13, 2018 | 0 Comments

liability in high-risk stunts in cheerleading

Cheerleading is a competitive sport with complex stunts and high-risk maneuvers, often involving risky stunts like pyramid formations and basket tosses. Despite not being directly in contact sports like football or soccer, injury rates often exceed those in these games. Liability issues arise, requiring assessment by schools, coaches, and participants.

 

The Legal Status of Cheerleading as a Sport

Cheerleading injuries are often classified as non-contact by athletic organizations and courts, despite involving physical contact. This classification could affect liability law when negligence claims arise, as cheerleading athletes may argue they accepted risks due to unsafe stunts and inadequate supervision, potentially opening them up to legal claims against themselves and their teammates.

 

The Role of Assumption of Risk in Cheerleading Injuries

Assumption is a legal doctrine used in sports injury claims, such as cheerleading, where athletes acknowledge their risk of hazardous stunts. However, it doesn't exempt schools, coaches, or organizations from liability in negligence cases. Courts differentiate between inherent risks and avoidable ones caused by unsafe conditions or poor training practices. If an athlete is injured during a properly performed stunt, they should be considered an accepted risk. Negligence claims may arise if the fall was due to inadequate equipment or poorly trained bases.

 

Negligence in Cheerleading: Who is Liable?

Cheerleading injuries can be caused by various factors such as improper coaching, unsafe conditions, lack of medical supervision, and defective gear. Liability for these accidents depends on individual circumstances. Schools and athletic organizations must ensure a safe practice environment, and manufacturers or distributors may be held liable under product liability laws if an athlete sustains injuries from defective or poorly maintained gear.

 

Cheerleading Safety Regulations & Legal Protections

The American Association of Cheerleading Coaches and Administrators and the National Federation of State High School Associations have issued safety guidelines to reduce cheerleading injuries, including requiring spotters to accompany stunts, providing adequate training, preventing stunts on hard surfaces without protective padding, and implementing concussion protocols.

 

Liability Waivers in Cheerleading: Are They Enforceable?

Cheerleading programs often require athletes and parents to sign liability waivers to protect schools and organizations from legal claims in case of injury. However, these waivers may be overlooked or forgotten in cases of negligence. Organizations' waivers do not protect against gross negligence or reckless conduct, such as coaches lacking training on concussion protocols. Courts may rule otherwise, making legal defenses more complicated due to waivers signed before age 18.

 

Reduce Legal Risks and Prevent Cheerleading Injuries

Schools and organizations should implement measures to reduce injuries and potential lawsuits from cheerleading, such as requiring coaches to meet rigorous training and certification standards, ensuring safe stunt execution with adequate spotting, and ensuring adequate medical oversight and emergency plans.

 

Enforcing Compliance with National Cheerleading Safety Standards

Parents and athletes must also be informed of their rights, rights protections, risks associated with cheerleading programs, and ways in which to mitigate them to reduce injuries that could potentially arise from cheerleading participation.

Cheerleading is a high-risk activity that requires strict safety regulations and legal protections. Liability claims arise when injuries occur due to negligence, such as insufficient supervision or unsafe conditions. Coaches and schools should provide appropriate training, emergency protocols, and equipment to safeguard cheerleaders while increasing accountability. In today's complex cheerleading scene, liability issues in high-risk stunts should be discussed to safeguard athletes while upholding responsibility for the participants involved.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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