By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Child hurt in youth sports in Washington?
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What the Lystedt Law requires
| Requirement | Rule |
|---|---|
| Education and forms | School boards work with the Washington Interscholastic Activities Association (WIAA) on concussion guidelines and forms for coaches, athletes and parents, RCW 28A.600.190(2) |
| Annual information sheet | The athlete and a parent or guardian sign and return it every year before practice or competition |
| Removal from play | An athlete suspected of a concussion or head injury in a practice or game comes out at that time, subsection (3) |
| Return to play | Only after evaluation by a licensed provider trained in concussion, with written clearance from that provider, subsection (4) |
| Nonprofit groups on school property | Proof of insurance before first use of school facilities and a statement of compliance with the concussion law, both conditions of the district’s immunity under RCW 4.24.660 |
Where the law came from
Washington passed the law as House Bill 1824 (chapter 475, Laws of 2009). Governor Christine Gregoire signed it on May 14, 2009, and subsection (5) of the statute names it the Zackery Lystedt law.
The Associated Press reported that he was 13 when he was hurt making a tackle in a middle school football game in October 2006. He went back into the game after a concussion no one caught, collapsed afterward and needed emergency brain surgery. UW Medicine calls the 2009 law the first of its kind in the country.
Who can clear an athlete, and the WIAA rules
The statute only requires a licensed provider “trained in the evaluation and management of concussion.” The WIAA, which governs interscholastic sports, accepts clearance from medical doctors, doctors of osteopathy, advanced registered nurse practitioners, physician assistants and licensed certified athletic trainers.
WIAA rules add:
- Concussion training for paid and volunteer coaches before the first practice or game.
- A sideline rule, in place since 2015-16 for games with registered officials: a player an official pulls for possible concussion signs returns to that contest only if the team’s approved provider on site clears them.
A separate law, House Bill 2731 (2020), requires public schools to report diagnosed student concussions to the Department of Health.
How a violation fits into an injury claim
The Lystedt Law does not include its own right to sue. A claim is usually brought as ordinary negligence against a coach, school or league that failed to use reasonable care.
Under RCW 5.40.050, breaking a statute is not negligence per se in Washington, but the jury may consider it as evidence of negligence. Leaving a dazed player in the game, or letting a player return without written clearance, can be offered as that evidence.
Claims against school districts and filing deadlines
School districts count as local governmental entities under RCW 4.96.010, which uses the definition of municipal corporation in RCW 39.50.010. Before suing one, you present a claim on the standard tort claim form, or the district’s own form, to the district’s designated agent and wait 60 calendar days. RCW 4.24.660 can also shield a district when an insured nonprofit program caused the injury on school property, though not for harm caused by district employees or unsafe district facilities.
| Rule | Deadline or step |
|---|---|
| Injury lawsuit, RCW 4.16.080(2) | 3 years |
| Athlete under 18, RCW 4.16.190 | Clock paused until 18, so usually 3 years after the 18th birthday |
| Public school district, RCW 4.96.020 | Claim presented within the limitations period, then a 60-day wait during which the deadline is tolled |
Second impact syndrome and the warning signs
In a 1997 report, the CDC described second impact syndrome as acute, usually fatal brain swelling that occurs when a second concussion comes before full recovery from the first. CDC HEADS UP says athletes who return too soon are more likely to have a repeat concussion.
The CDC says to call 911 or go to an emergency room after a blow to the head for:
- One pupil larger than the other
- A headache that gets worse and does not go away
- Repeated vomiting, slurred speech, weakness or numbness
- Seizures, growing drowsiness, increasing confusion or passing out
Our page on head injury danger signs has the full symptom list.
What this means for your case
Get the athlete medical care first and keep every visit note and the written clearance, or proof there was none. Ask the school or league for the signed information sheet, injury report, coach training record and game video. Write down who saw the hit and when the athlete went back in. If a public school district is involved, the 60-day claim step adds time, so start early.
Our California traumatic brain injury guide explains how these injuries are proven. We represent injured people across Washington, including Seattle and Spokane.
You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.
Common questions
Does the Lystedt Law cover club teams that never use school facilities?
The statute is written for school district sports, and nonprofit groups that use school facilities give the district a statement that they follow it. Other clubs may fall outside it, but ordinary negligence law still applies.
Can a coach or parent clear an athlete to go back in?
Clearance must come in writing from a licensed health care provider trained in concussion. A coach, parent or the athlete cannot make that call.
Does a concussion always involve passing out?
The legislature’s findings in RCW 28A.600.190 say the vast majority of concussions happen without loss of consciousness.
Can a volunteer provider who clears an athlete be sued?
Under RCW 28A.600.190(4), a volunteer health care provider who authorizes a return to play is not liable for civil damages unless the care involved gross negligence or willful or wanton misconduct.
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Related pages
Frequently asked questions · Washington personal injury lawyers · Seattle personal injury lawyer · What are the danger signs of a head injury? · How long do brain injury cases take to settle? · Traumatic brain injury claims in California
Sources
- RCW 28A.600.190, Zackery Lystedt law: youth sports concussion and head injury rules
- RCW 4.24.660, school district liability and nonprofit youth program statement of compliance
- RCW 5.40.050, breach of statutory duty is evidence of negligence, not negligence per se
- RCW 4.96.010, liability of local governmental entities
- RCW 39.50.010, definition of municipal corporation, including school districts
- RCW 4.96.020, claim presentment and 60-day waiting period for local government claims
- RCW 4.16.080, three-year limitations period for personal injury
- RCW 4.16.190, tolling of limitations period for minors
- Washington State Legislature, HB 1824 (2009) bill summary, chapter 475, Laws of 2009
- Washington State Legislature, HB 2731 (2020) bill summary, reporting of diagnosed student concussions
- Washington Interscholastic Activities Association, Health and Wellness: concussion rules and approved providers
- Washington State Department of Health, Student Head Injury Concussion Reporting
- UW Medicine Newsroom, 10 years ago: Lystedt concussion law made U.S. sports safer (May 14, 2019)
- The Spokesman-Review (Associated Press), Lystedt’s near-fatal concussion reaps changes (June 9, 2011)
- CDC HEADS UP, Signs and Symptoms of Concussion
- CDC HEADS UP, Responding to a Sports-related Concussion
- CDC MMWR, Sports-Related Recurrent Brain Injuries, United States (March 14, 1997)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 7, 2026.