Cheerleading is a growing sport with over 30,000 participants across Canada. In Alberta, competitions like the True North Cheer and Dance Championships boast over 4,000 athletes from more than 260 teams participating. As the sport grows, so are the boundaries that athletes push with regards to their training and performances, and the increasing number of injuries that follow. The question is, are youth athletes to blame, or can their coaches and respective programs be found negligent for the injuries suffered? In other words, who bears legal responsibility for a cheerleading injury in Alberta?
Accidents can happen whether an athlete is performing a maneuver for the first time, or if it is second nature to them. Due to the nature of the sport, cheerleading injuries can vary from mild strains and sprains to severe neck/head injuries that require hospitalization. The risk of significant injury requires athletes and coaches alike to take the appropriate steps in making their sport as safe as possible. There are many variables that can factor into an accident occurring. Most accidents can be prevented by taking the appropriate safety measures. However, when proper precautions are not taken, issues of coach negligence, youth sports injury liability, and sports injury negligence claims in Canada may arise.
Some essential safety steps include conducting proper warm-ups, using certified coaches, training in safe spotting techniques, and practicing on appropriate mats. These measures are part of a coach’s duty of care in youth sports. But what happens if these steps are not followed, and it leads to an injury? What kind of legal responsibility does the coach or cheerleading program have in ensuring the athlete is safe? What kind of duty of care under Canadian negligence law do they owe?
The Supreme Court of Canada addressed the standard of care owed by school authorities in Myers v. Peel County Board of Education, holding that school authorities must exercise a standard of care equivalent to that of a prudent parent. In that case, the Court found the school authority liable for failing to provide adequate supervision and safety measures, although the plaintiff was found 20% contributorily negligent for attempting the maneuver without proper precautions. This decision continues to inform how courts assess negligent supervision, breach of duty of care, and contributory negligence in youth sports injury claims across Canada.
If an athlete disregards their coach’s instructions and established safety protocols, then they would likely be found the author of their own misfortune under the principles of contributory negligence. The coach’s actions and instructions, the adequacy of supervision, and the athlete’s experience and adherence to safety protocols are all critical factors in determining liability in a cheerleading injury liability claim in Alberta.In summary, the success of a claim against a coach or cheerleading program in Alberta will depend on whether they breached their duty of care, failed in providing adequate supervision or safety measures, and whether the injured athlete contributed to their own injury. Determining liability in a cheerleading injury claim in Alberta requires a careful analysis of the facts, the applicable standard of care, and Canadian negligence law.
