Signed School Release Form Barred High School Football Player's Claim

• Published date: 05 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Personal Injury, Professional Negligence, Sport
• Law Firm: Wood, Smith, Henning & Berman LLP
• Author: Fred Vasquez and Christina Loni

A football player injured during a game was barred from filing a claim against the school district and its employees after signing an express assumption of the risk agreement. The school followed all applicable CIF and school regulations regarding concussions and was not grossly negligent in its actions.

Facts

Nick Brown was a sophomore at Union Mine High School and a member of the Junior Varsity football team. Union Mine is a high school within the El Dorado High School District (District). Every student athlete received a handbook from the athletics office that had to be read and signed by the student as well as a parent. Included with the handbook was a form entitled, "El Dorado Union High School District Release of Liability and Assumption of Risk Agreement." Prior to the season in question, Nick and his father signed this agreement. The boxes for football and baseball were checked in a list of possible activities. The release states in part, "If student is hurt, injured, or even dies, I/We will not make a claim against or sue the District, its trustees, officers, employees and agents, or expect them to be responsible for any damages." Also included within the packet was a document entitled, "Parent Concussion/ Head Injury Information Sheet."

Nick suffered a traumatic brain injury during a football game in August of 2015. Although no unusually hard hits or falls occurred during the game, towards the end Nick removed himself from the game. Those observing him leave the field did not notice anything unusual. It was not until after the game, when Nick spoke to his coach with slurred speech and collapsed that they knew something was wrong. A chiropractor present at the game first thought it was heat stroke, but quickly realized that Nick's cognitive abilities were impaired and called for an ambulance.

At the hospital the doctors concluded that Nick had suffered a large left subdural hematoma with midline shift and cerebral herniation, which was treated with emergency decompressive surgery and evaluation of the subdural hematoma. After surgery, his treating physician also diagnosed him with an optic nerve pallor in his left eye that was caused by the injury. The Brown family sued the district for negligence and damages stemming from the injury to Nick.

The District moved for summary judgment arguing that the Browns had signed an express release assuming the risk of injury and barring any suits against the District and its employees. The trial court granted the motion for summary judgment and this court affirmed.

Are Waivers of Negligence Claims for Injuries Suffered in Athletics Lawful?

Express waivers of the right to bring claims for injuries caused while playing sports are permissible. "When an individual signs an express waiver of liability, he promises not to exercise the right to sue for harm caused in the future by...