June 2024 – Parks & Recreation - 28

LAW REVIEW
to establish " Policies and Programs
on Concussions for Public Schools
and Youth
Sport Programs "
throughout the State of Maryland
for athletes, their parents or guardians,
and their coaches.
This information included fact
sheets issued by the CDC's " Heads
Up " program for youth athletes
and their parents. These CDC fact
sheets addressed: " recognizing the
signs and symptoms of a concussion
and determining next steps if
an athlete or their parent believes
they have suffered a concussion. "
In addition, a final section in the
athlete fact sheet titled " How can
I prevent a concussion? " provided
the following recommendations:
Every sport is different, but
there are steps you can take to protect
yourself.
* Use the proper sports
equipment,
including personal protective
equipment. In order for
equipment to protect you,
it
must be:
The Maryland State Department of
Education (MSDE) was mandated
to establish concussion policies and
programs to raise awareness.
- The right equipment for the
game, position, or activity
- Worn correctly and the correct
size and fit
- Used every time you play or
practice
* Follow your coach's rules for
safety and the rules of the sport.
* Practice good sportsmanship at
all times.
The MSDE also required " each
youth athlete and one parent or
guardian
acknowledge
receiving
information on concussions "
through a written verification of
any " history of traumatic head
injury/concussion "
to
whether
the
youth
include
athlete had
" ever experienced a traumatic head
injury (a blow to the head). " The
MSDE information, however, did
not require coaches to structure
practices to avoid concussions. Instead,
the MSDE information simply
mandated " training for a coach
include four components " :
(1) Understanding Concussions,
(2) Recognizing Concussions, (3)
Signs & Symptoms, and (4) Responses
and Action Plan.
Trial Court Judgment
While the negligence claims against
the Defendants, Premier Defendants
and the County were based
in pertinent part on an alleged violation
of the concussion awareness
statute, the trial court found, " any
violation of the concussion awareness
statute was not a proximate
cause of Sydney's injury. " As a result,
the trial court precluded Plaintiffs
" from referencing that statute
or its implementing regulations before
the jury. "
Following a trial, the jury found
that " none of the defendants were
negligent and/or that their negligence
was not a cause of Sydney's
injury. " Accordingly,
judgments
were entered for the defendants.
Plaintiffs appealed.
Concussion Awareness
Causation
On appeal, the primary issue was
whether the trial court had erred
in " refusing to instruct the jury on
the Statute or Ordinance Rule, "
because the trial court had found
alleged violations of the HG § 1450
statute and related concussion
awareness requirements " were not
a proximate cause of Sydney's injuries. "
In
this case,
leged the
Plaintiffs had alStatute
or Ordinance
Rule was applicable because the
concussion awareness statute " HG
§ 14-501, together with its implementing
regulations, created a statutory
scheme designed to protect a
class of persons, youth athletes, of
which Sydney was a member, from
a particular
harm, concussions,
28 Parks & Recreation | JUNE 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
June 2024 – Parks & Recreation

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