High schools hit with a sports injury lawsuit enjoy inherent, institutional advantages that help keep such cases from being settled in favor of the plaintiff — or even from going to trial. An injured student-athlete often is unable to prove negligence on the part of a coach, administrator or school, either because case precedent has already been established in the defendant's favor or, perhaps most significantly, existing state and federal statutes protect schools and their employees.
For example, the Wisconsin Supreme Court last year upheld a lower court's ruling that Brittany Noffke, a high school cheerleader who was injured when she fell from the top of a formation during practice, could not sue the school district for her coach's alleged lack of supervision. Cheerleading is covered by the state's recreational immunity statute, which limits a school's liability for an injury sustained by someone engaging in an athletic or recreational activity on school property. Contact your Local Wisconsin Personal Injury Attorney or Marquette Personal Injury Attorney.
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