The first whistle of two-a-days at Eastwood, Coronado, Andress, Bowie, Franklin, Hanks, El Paso, Burges, Riverside, Socorro, and Americas marks the start of Texas's most loved and most physically dangerous tradition. Preseason football in August produces more concussions than any other two-week stretch of the academic year. The collision drills, the helmet-pop tackling sessions, the August heat, and the rush to get every player game-ready by Week One create the perfect conditions for traumatic brain injuries.
If your child plays high school football in El Paso, you have already signed paperwork acknowledging the risk. What that paperwork does not tell you is that Texas law, the Texas Tort Claims Act, product liability rules for helmet manufacturers, and the duty of care that every coach owes their athletes all give you potential legal remedies if a concussion is mishandled or if equipment failed. This post lays out what Texas parents need to know about youth athlete concussions, the specific statute that governs them, and your options when the worst happens.
Texas Football Concussion Statistics
The numbers tell a story most parents have not seen. According to data compiled by the University Interscholastic League and outside researchers:
Roughly 5 percent of high school football players sustain a reported concussion each season. Underreporting is widespread. The actual rate is estimated at 10 percent or more.
The first two weeks of preseason produce the highest concussion rates of the year. Bodies are not yet conditioned, equipment is not yet properly fitted, and coaching staff are pushing athletes to game readiness on a compressed timeline.
Texas leads the nation in high school football participation. Approximately 165,000 students play tackle football across the state. El Paso County contributes thousands of these athletes across the three major districts.
Second impact syndrome is rare but fatal. When a second concussion occurs before full recovery from the first, the result can be rapid brain swelling and death. Several Texas student athletes have died from second impact syndrome since 2000.
Long-term consequences are still being studied. Chronic Traumatic Encephalopathy has been documented in high school football players as young as 18. Research from Boston University suggests that the cumulative effect of subconcussive impacts may be as significant as the diagnosed concussions themselves.
Texas Law on Youth Sports Concussions: Natasha's Law
In 2011, the Texas Legislature passed Senate Bill 82, known as Natasha's Law after Natasha Helmick, a Texas student athlete who suffered a catastrophic brain injury. The law is now codified at Texas Education Code Sections 38.151 through 38.160 and applies to every University Interscholastic League athletic program in the state.
The law requires every district to:
Establish a Concussion Oversight Team. A team of medical and athletic professionals that develops the district's return-to-play protocol. The team must include a physician.
Train coaches and athletic trainers. Every coach and certified athletic trainer must complete a Texas-approved concussion training program every two years.
Inform parents and athletes. Before participating in any UIL athletic activity, every student and parent must sign a concussion education and acknowledgment form.
Remove athletes from play upon suspected concussion. Any student athlete who is reasonably suspected of sustaining a concussion during practice or competition must be removed immediately. The removal is mandatory and applies even if the athlete insists they are fine.
Require written medical clearance for return to play. A removed athlete cannot return to practice or competition until a treating physician has provided a written clearance certifying that the athlete has completed a graduated return-to-play protocol.
Document every concussion. Schools must maintain records of every reported and suspected concussion for at least the duration of the athlete's enrollment.
A coach, athletic trainer, or district employee who violates these protocols can face professional discipline, and the district can face civil liability if the violation contributes to a more serious injury.
When the School District Is Liable
Under the Texas Constitution, school districts have sovereign immunity from most lawsuits. The Texas Tort Claims Act creates limited waivers that allow injured students to pursue claims in specific circumstances.
The most common bases for a concussion-related claim against a Texas school district:
Tangible property defect. Texas Civil Practice and Remedies Code Section 101.021 waives immunity for personal injury arising from the condition or use of tangible personal property. A defective helmet, a damaged practice field, a malfunctioning piece of weight room equipment, or a poorly maintained gym floor that contributed to a concussion can support a claim.
Premises defect. The same section also waives immunity for premises defects. An unsafe playing field, hidden hazards, or inadequate lighting that contributed to the injury can support a claim. For a fuller explanation of these claims, see our piece on premises liability law in Texas.
Motor vehicle operation. When a student is transported by district vehicle and the injury arose from the transportation, a claim is available.
Damage caps and notice. All Texas Tort Claims Act claims against school districts are capped at $100,000 per person and $300,000 per occurrence. Written notice must be provided to the district within six months of the injury. Missing the notice deadline permanently bars the claim. The notice and cap apply even when the claim is for a child's catastrophic brain injury.
Coach gross negligence. Texas law allows a separate path against a coach personally if the coach's conduct rose to the level of gross negligence. Examples include forcing a clearly concussed athlete back into play despite obvious symptoms, refusing to call for medical attention, or knowingly using equipment the coach knew was defective. Personal liability is not capped by the Texas Tort Claims Act.
The Texas Tort Claims Act path is complex. Many parents who try to handle these claims themselves are denied for missed notice deadlines or improper service. An experienced personal injury attorney moves quickly on the notice and builds the case around the specific waiver that applies.
Helmet and Equipment Manufacturer Liability
A separate and often more valuable legal path runs against the manufacturer of the helmet, mouth guard, padding, or other protective equipment. Texas product liability law allows claims for:
Design defect. The helmet was designed in a way that made it unreasonably dangerous, and a safer alternative design existed and was feasible.
Manufacturing defect. A specific helmet differed from the manufacturer's intended design in a way that caused the injury.
Marketing defect (failure to warn). The manufacturer failed to provide adequate warnings about the helmet's limitations.
Riddell, the dominant manufacturer of football helmets in the United States, has faced extensive litigation over the marketing of its Revolution and SpeedFlex models. Class actions, government investigations, and individual injury claims have produced significant recoveries. Other manufacturers including Schutt and Xenith have faced similar claims.
These cases require an attorney with the resources to retain biomechanical engineering experts, neurology experts, and helmet performance testing specialists. The investment is substantial, but the recoveries in successful cases far exceed what Texas Tort Claims Act caps would permit.
What to Do If You Suspect Your Child Has a Concussion
The first hours after an impact matter. The steps:
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Remove the athlete from play immediately. Texas law requires it. The coach has the same duty. If the coach has not pulled your child, demand it.
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Get medical attention. Take your child to the emergency room or to a pediatric concussion specialist. Do not rely on the school athletic trainer's evaluation alone.
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Document the impact. Photos of the field, the equipment, the conditions, and any visible injury. Note the time of day and the play that caused the impact.
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Get the incident report. Texas Education Code Section 38.155 requires districts to document every suspected concussion. Get a copy.
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Identify witnesses. Teammates, opposing players, coaches, athletic trainers, other parents in the stands, and any team videographers. Get names and phone numbers.
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Preserve game and practice video. Texas high school football games are frequently recorded. Many teams use Hudl or similar video systems to record practices. An attorney can issue preservation letters immediately.
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Keep your child out of all athletic activity. Until written medical clearance is provided, your child cannot return to football, basketball, soccer, weight room work, or any other activity that risks a second impact.
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Save all communication from the school. Text messages from the coach, emails from the athletic director, any concussion paperwork sent home. This becomes evidence.
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Do not give a recorded statement. The district's insurance carrier and the helmet manufacturer's insurance may reach out. Decline to speak before consulting an attorney.
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Contact a personal injury attorney within days. The Texas Tort Claims Act notice deadline runs from the injury date.
How Lovett & Murray Helps Texas Families After Sports Concussions
For more than 30 years, Lovett & Murray has represented El Paso families in complex personal injury matters including youth sports concussions, school district claims under the Texas Tort Claims Act, and product liability cases against major equipment manufacturers. These are not standard car crash files. They require an attorney who understands the medical science of pediatric concussions, the procedural rules around government defendants, and the litigation strategy of going up against a Fortune 500 helmet maker.
We offer free consultations. We work on contingency. Our bilingual team handles every step in English or Spanish. Our partners Rob Lovett and Russell Murray personally review every concussion case that comes through the firm. Our principal office is in El Paso, on the same I-10 corridor where Friday Night Lights still rules every fall.
If your child suffered a concussion at football practice, in a game, or in any other UIL athletic activity, contact us today for a free, no-obligation evaluation. Call us at 915-757-9999 or use our online form. The notice deadline is short. The medical decisions matter for life. Do not face this alone.