Chicago Accident and Injury Lawyer Blog

The Wisconsin Supreme Court held Tuesday that high school cheerleading is a contact sport, meaning its participants cannot be sued for accidentally causing injuries. This ruling was the result of a lawsuit brought by a former high school cheerleader who sued a teammate for failing to stop her fall while practicing a stunt. The varsity cheerleader fell backward off the shoulders of another cheerleader and suffered a serious head injury. As a consequence of this ruling, the injured former cheerleader can sue neither the teammate, nor the school district.

The primary issue in the case was whether cheerleaders qualify for immunity under Wisconsin state law that prevents participants in contact sports from suing each other for unintentional injuries. The law does not specify which sports are "contact sports." The Wisconsin Court of Appeals held that cheerleading did not qualify as a contact sport since there is no contact between opposing teams. The Wisconsin Supreme Court, however, disagreed and unanimously decided to overturn the Court of Appeals decision, reasoning that there is a significant amount of physical contact between the cheerleaders themselves.

This ruling, which is applicable to Wisconsin residents only, is both a good thing and a bad thing. It is good in that it protects students and school districts from facing lawsuits for accidental injuries. This means that students (and their parents) can play sports without fear that they might get sued if they accidentally break someone's arm in a basketball game or injure someone on the football field. It is bad in that it leaves the injured student with potentially no recourse. For families in a financial bind, medical bills that mount up could mean financial ruin. Immunity laws are in place to serve the greater good, but unfortunately at the expense of someone who has been injured.