Sports are a vital part of life in Alberta. From community hockey leagues to school rugby matches, organized physical activity plays a major role in youth development, recreation, and even long-term health. But with that physical activity comes risk. While most sports injuries are relatively minor—sprains, bruises, and occasional fractures—some accidents result in catastrophic spinal cord injuries (SCI) that change a person’s life forever.
If you or your child has suffered a spinal cord injury while playing a sport, you may be wondering: Can I sue? Who is responsible? And how do Canadian courts handle these situations?
This blog explores whether you can pursue compensation for spinal cord injuries sustained during a sports accident in Alberta. Alberta personal injury lawyers can help you understand your rights and legal options in these complex cases. We’ll break down the legal standards, who can potentially be held liable, and what to expect when seeking damages for life-altering injuries caused by sports-related negligence.
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Understanding Spinal Cord Injuries in Sports
Spinal cord injuries are among the most devastating consequences of high-impact sports. Unlike soft tissue injuries or broken bones, SCIs often result in partial or complete paralysis, loss of independence, chronic pain, and emotional trauma.
Some of the most common causes of spinal injuries in sports include:
- Body checking or tackling in hockey, rugby, or football
- Falls from equipment (e.g., gymnastics or diving)
- Improper use of protective gear
- Collisions in cycling or skiing
- Poorly maintained facilities or unsafe playing environments
- Coaching decisions that ignore medical red flags or increase risk
Spinal cord injuries can range from incomplete injuries (where some function remains) to complete injuries, which often result in quadriplegia or paraplegia. These injuries affect not just the athlete, but their entire family—physically, financially, and emotionally.
Are Sports Injuries Grounds for a Lawsuit in Alberta?
In most cases, sports participants in Alberta are said to “voluntarily assume some risk” when they take part in a game. That means if you’re injured by a routine hit in hockey or a misstep while running track, you typically can’t sue simply because you were hurt.
However, this assumption of risk is not unlimited. Alberta law does allow for lawsuits when injuries result from negligence, recklessness, or unsafe conditions outside the normal scope of the sport.
So yes, it is possible to sue for a spinal cord injury suffered during a sports accident—but only under certain legal conditions.
When Negligence Makes a Sports Injury Legally Actionable
To sue successfully for a spinal cord injury suffered during a sporting event, you must prove that the injury occurred because of someone else’s negligence, not just because sports are dangerous.
Examples of negligence may include:
- A coach allowing a concussed player back into a contact sport
- A school failing to provide proper supervision during practice
- A hockey league ignoring repeated violent conduct by a known offender
- Unsafe facilities, such as a gym with exposed metal or slippery surfaces
- Equipment failure due to poor maintenance or defective products
- Lack of adequate training or preparation before high-risk maneuvers
In these cases, the injury didn’t result from the inherent risk of sport—it resulted from a failure to uphold a duty of care. In Canadian tort law, that distinction is everything.
Can You Sue a Coach, School, or Sports Organization?
Yes—potential defendants in a sports-related spinal injury case may include:
- Coaches or trainers, if they failed to supervise, ignored safety rules, or pushed athletes beyond their physical limits
- Schools or school boards, if they allowed unsafe conditions or failed to hire qualified staff
- Sports organizations or leagues, if they failed to enforce rules, permitted violent conduct, or didn’t provide proper protective equipment
- Facility owners, if poor maintenance or hazards contributed to the injury
- Event organizers, in cases where rules weren’t followed or safety procedures were ignored
- Other players, in rare cases where a player’s actions went far beyond normal game conduct (e.g., violent assault)
The success of a claim depends on the facts of the case and whether it can be proven that the party being sued owed a duty of care and breached that duty in a way that caused the injury.
What About Waivers or Consent Forms?
Many sports leagues and programs require players (or their parents) to sign waivers or assumption of risk agreements before participation. These documents are intended to limit the organization’s liability if an injury occurs.
However, in Alberta, waivers are not always ironclad.
A waiver may not hold up if:
- The injury occurred due to gross negligence or recklessness
- The waiver was vague or overly broad
- The injured party was not clearly informed about the risks involved
- The document was signed by a minor, which could void its enforceability
- The court determines that public policy supports the plaintiff’s claim (e.g., for safety oversight or systemic issues)
In short, waivers are not an automatic legal shield. They are one factor the court will consider, but they do not protect against negligent or dangerous conduct.
How Canadian Courts View Assumption of Risk in Sports
Canadian courts have long recognized the concept of “voluntary assumption of risk” in sports. The landmark case Kempf v. Nguyen (2015 ABQB 27) in Alberta reinforced this idea, noting that players accept some level of physical risk when they step onto the playing field.
However, courts have also consistently stated that this does not give a license to act recklessly. Players, coaches, and organizations must still act with a reasonable duty of care.
Where that line is drawn depends on the sport, the level of play, and the specific circumstances of the injury. Courts consider:
- The nature of the sport
- The age and skill level of the participant
- The specific actions that led to the injury
- Any prior incidents or known risks
- Whether appropriate safety measures were in place
These cases are fact-specific—and that’s why legal advice is essential.
Damages Available in a Sports-Related Spinal Injury Lawsuit
If negligence is proven, the injured person may be entitled to a range of damages under Alberta tort law. These include:
- Pain and suffering (including long-term psychological trauma)
- Loss of enjoyment of life
- Loss of income and earning capacity
- Future care costs, including assistive equipment, home modifications, and long-term rehab
- Out-of-pocket expenses not covered by public insurance or benefits
- Loss of housekeeping capacity, if the person can no longer maintain their home
- Legal costs and disbursements
Because Canada has a cap on pain and suffering damages, typically around $400,000 for catastrophic injuries (set in Andrews v. Grand & Toy), the most significant compensation in these cases often comes from economic losses and future care needs—especially in spinal cord injury cases that require lifelong support.
Proving Negligence in a Sports Setting
Winning a lawsuit based on a sports injury requires evidence, expert testimony, and legal strategy. Proving that the injury wasn’t just “part of the game” but was instead caused by avoidable negligence is key.
Your legal team may use:
- Witness statements from teammates, parents, or referees
- Medical records documenting the nature and extent of the injury
- Photos or video footage of the game or incident
- Expert analysis from sports safety professionals
- Evidence of league rule violations or unsafe protocols
- Prior complaints or safety concerns involving the same coach or venue
Building a successful case means documenting the event thoroughly, demonstrating the deviation from reasonable conduct, and linking it directly to the spinal cord injury.
What Role Does Insurance Play in Sports Injury Claims?
When a spinal cord injury occurs during a sporting event, insurance coverage becomes an immediate concern. However, many people are unsure what types of coverage apply—or how much financial help is actually available.
There are typically three types of insurance policies that may come into play:
- Commercial liability insurance held by the sports organization, school, or facility
- Homeowner’s or renter’s insurance that may extend to negligent individuals involved
- Accident and disability policies held by the injured individual or their family
It’s important to note that commercial policies may not always fully cover spinal cord injuries, especially when long-term care, mobility devices, and income loss are considered. In those cases, a lawsuit may be necessary to recover compensation above and beyond policy limits.
A personal injury lawyer can help identify all available insurance policies and determine whether litigation is necessary to access additional resources.
How Long-Term Effects of Spinal Cord Injuries Impact Damages
Spinal cord injuries rarely involve short recoveries. For many victims, the effects are permanent and life-changing, which significantly impacts the scope of damages in a legal claim.
Long-term consequences may include:
- Full or partial paralysis (paraplegia or quadriplegia)
- Loss of bladder or bowel control
- Chronic neuropathic pain
- Respiratory issues requiring assisted devices
- Depression, anxiety, or PTSD
- Dependence on assistive care for daily activities
- Lost education or career opportunities
These long-term impacts require careful, forward-looking damage calculations, often supported by expert reports from life care planners, economists, and medical specialists.
A well-supported spinal injury claim will account not only for current expenses but for lifelong needs—including home modifications, personal care aides, and income support.
How Courts Assess Recklessness vs. Acceptable Risk
In many sports injury claims, a key legal distinction is whether the conduct that caused the injury was reckless or simply part of the sport’s normal risks.
Canadian courts use the “standard of care” to make this assessment. That means evaluating whether the defendant’s actions fell below what a reasonable person would have done in the same situation.
Examples of reckless conduct may include:
- Failing to remove a player with a known history of dangerous hits
- Encouraging unnecessary roughness beyond the sport’s norms
- Ignoring equipment malfunctions or safety complaints
- Allowing a child to play without proper protective gear
- Overcrowding or unsupervised games
If the court finds that a coach, player, or organization acted with disregard for others’ safety, they may be held liable—even in a sport known for its inherent risk.
The Unique Challenges of Youth Sports Injury Lawsuits
Spinal cord injuries in youth sports are especially complex. While children accept some risk when they join a team, courts recognize that young athletes require special protection—especially when adults are responsible for their safety.
Common legal issues in youth cases include:
- Whether the child had the capacity to understand the risks
- Whether parental waivers are enforceable
- Whether supervision was appropriate for the child’s age and skill level
- Whether equipment or training was sufficient for youth safety
- Whether coaches followed concussion and injury return-to-play protocols
Alberta courts are often more willing to scrutinize adult conduct in youth cases, especially when schools or clubs cut corners to save money or prioritize competition over safety.
Why It’s Important to Act Early After a Sports-Related Spinal Injury
Although this blog avoids discussion of Alberta’s limitation periods per the firm’s policy, it’s important to emphasize that time is critical in building a strong spinal cord injury case—especially one related to sports.
Reasons to act quickly include:
- Preserving evidence, such as surveillance video or photographs of the facility
- Interviewing witnesses before memories fade
- Documenting medical care and diagnosis immediately
- Protecting against insurance denials or delays
- Ensuring compliance with league or school complaint procedures
The earlier a lawyer is involved, the stronger your position will be if the case moves toward litigation. Immediate legal guidance can also help families navigate insurers, waivers, and complex liability webs while still adjusting to a life-changing injury.
How a Personal Injury Lawyer Can Help Navigate a Complex Sports Injury Case
Sports injury cases are some of the most legally complex personal injury claims in Alberta. They often involve multiple parties, assumption of risk arguments, and insurance policies with limited coverage.
Working with a lawyer can help:
- Investigate what happened and determine if legal grounds exist
- Challenge waivers or other legal barriers
- Secure expert testimony to prove negligence
- Evaluate future care and economic loss
- Communicate with insurance companies
- File and manage legal claims against schools, organizations, or individuals
Because of the high stakes and the resistance often met in these cases, legal representation is not just helpful—it may be essential.
Looking for Help After a Serious Spinal Injury in Alberta?
If you or your child has suffered a spinal cord injury while participating in sports, you may be facing a future full of uncertainty. You deserve answers—and if negligence played a role, you may be entitled to significant compensation under Alberta law.
At MNH Injury Lawyers, we understand the physical, emotional, and financial toll that catastrophic injuries take on families. Our team has experience navigating complex injury claims, and we’re here to help you explore your legal options and pursue accountability when it matters most.
Call (888) 664-5298 today for a free, confidential consultation. We’re here to help you understand your rights—and protect your future.
