What is the “Heightened Duty of Care” in a sports injury lawsuit?

In North Carolina, a sports injury lawsuit has a heightened duty of care. This means that a coach, school, or other organization involved in the sport has a higher level of responsibility for ensuring the safety of those participating in the sport than might be found in a typical negligence case. The court may consider the ages, experience, and skill level of the players when assessing the duty of care. Generally, a coach, school, or organization involved in sports must not only use reasonable care and skill to make the sport as safe as possible, but must also avoid any acts or omissions that show a willful or wanton disregard for the safety of the players involved. They must also provide reasonably suitable care and equipment for the sport and be aware of the players’ physical abilities and vulnerabilities. In addition, the coach, school, or organization must warn players of risks involved in playing the sport, including risks that may not be obvious. They must also provide medical treatment, if any is needed, and be aware of the dangers of continuing to compete after an injury has occurred. The goal of the heightened duty of care is to ensure that players involved in sports are provided with a safe and suitable environment in which to play and to hold those responsible for providing such an environment accountable if something goes wrong.

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What is the “Heightened Duty of Care” in a sports injury lawsuit?

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