Liability of Institutions for High-Profile Athlete Injuries

My last blog post discussed the possibility of an increase in malpractice lawsuits against providers due to formerly “amateur” athletes earning substantial amounts of money and getting injured.[1] See https://ublawsportsforum.com/2026/02/09/paid-athletes-and-the-impact-on-liability-for-providers/. Lawsuits may arise if athletes are cleared to return-to-play too early or do not return to their pre-injury performance level.

Institutions may be held liable for creating circumstances like this. For instance, coaches have a duty of care to ensure their athletes are safe.[2] A coach may be negligent if they do not provide appropriate supervision or ignore safety guidelines.[3] Thus, educational institutions can be liable under “vicarious liability.”[4] This includes the actions of their employees, such as coaches and trainers.[5] An institution must follow specific protocols for injury management and implement safety measures.[6] The institution itself can be held liable if they fail to do so, especially if the injury results from negligence.[7]

In Searles v. Trustees of St. Joseph College, the Court held that “colleges, private schools, and public schools have a legal duty to exercise reasonable care toward their students.”[8] The plaintiff attended college on an athletic scholarship for basketball.[9] He was diagnosed with patellar tendinitis, and stated that the coach and athletic trainer were made aware, but the coach insisted he play.[10] The plaintiff underwent two surgeries for his injuries.[11]

In 2024, a jury found in favor of orthopedic surgeon Dr. Scott Lynch, who claimed he was fired in retaliation for complaining about the head coach interfering with medical treatment and return-to-play for players.[12] Dr. Scott Lynch stated that this behavior is a “national crisis,” and he hoped that this case would prompt schools to “pay more attention to this issue.”[13]

[1] Eric Olson, Team physicians in college sports wary of greater liability risk with athletes now making big money, Yahoo Sports (June 24, 2025) https://sports.yahoo.com/article/team-physicians-college-sports-wary-195933243.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAFZn3sLksgKOG140r_5PZHLfwr2pVGXsVeKhsTlB1n_96_UHNE8OfbyyDj6rOOjzreURR7V7fAY9l2sxxP7H9-iMweyUz0zJlY10j2iq0Ne8g6QMSEycYurvQO071SKh_2mRtfWeetGiJdPmJoocOIqrbJ4WvFc07ealvCwXxNQE.

[2] Evidence Solutions, Inc., Liability in Sports Injuries: Insights for Legal Professionals (last visited Feb. 13, 2026), https://evidencesolutions.com/sports-fitness-safety-articles/liability-in-sports-injuries-insights-for-legal-professionals.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Eric F. Quandt, JD, et al., Legal Liability in Covering Athletic Events, 1 Orthop. J. Sports Med. 84, 84 (Jan. 2009).

[9] Id.

[10] Id.

[11] Id.

[12] Paula Lavigne, Ex-PSU doc awarded $5.25M in suit alleging James Franklin interference, ESPN (May 29, 2024) https://www.espn.com/college-football/story/_/id/40242103/penn-state-scott-lynch-doctor-james-franklin-verdict.