Football Brain Injuries and a Child’s Rights

- David Boehrer

During this election season, there was a local candidate in Henderson running for the school board on a platform that High School Football should be eliminated. His reasoning involved the risks that the sport poses to the human brain. Brain Injury cases have become big news in recent years due to suicides and reports concerning NFL players who have suffered from brain injuries.

This particular candidate, Russell Davis, took the stance that the government should be nurturing their lives whereas football, in his opinion, was irreparably harming them. In making his arguments to ban High School Football, he noted that he would be arrested for child abuse if he were to put his children in a car twice a day and drive them into a brick wall going twenty-five miles per hour.

Ultimately Mr. Davis lost on election night to the incumbent but his campaign raises a number of interesting questions regarding brain injury cases.

Who Should Be Responsible for a Brain Injury During a Football Game?

For instance, when an individual is injured in a football game, who should be held liable for the injury?

According to Mr. Davis, the science, which the schools and that the government is aware of, indicate that the sport is dangerous. Yet despite the documented dangers, the schools still allow their children to play football. Should the school be responsible for damages?

In answering this question, we must look at the waivers that schools have children sign before playing sports. These waivers tend to establish that the person understands the risks of the activity and is willing to waive liability. As a result, it is upon the brain injury lawyer to establish that the waiver was invalid in order to proceed with a case.

Waivers Involving Children Can Be Challenged in Nevada

Interestingly, Nevada is one of a small number of states that does not permit a parent to sign a waiver on behalf of a minor. According to Nevada law, minors cannot enter into contracts that seek to waive their ability to sue for an injury and Nevada does not authorize their parents to legally waive those rights either. Because of this, children in Nevada may be able to sue, regardless of whether a waiver was signed, when they suffer brain injuries during sports or other activities.

There are many ways that a person can suffer a brain injury. If you, a loved one, or a child has suffered a brain injury, it is important to speak to an attorney to help you determine whether you should pursue legal action. Our attorneys at the Boehrer Law Firm are happy to speak with you and offer you a free consultation at (702) 750-0750.