Professional athletes are not the only individuals susceptible to sporting
injuries. Potential for injury are just one of the few aspects you must
accept when you participate in any organized sport. In the case of amateuor
or recreational sports it is very difficult to file
personal injury lawsuits. Once you become a participant in a recreational sport you are
assuming any risk and the responsibility for injuries you sustain. Although,
it is difficult there are some situations where another party can be expected
to assume liability for your injury.
Most recreational sporting activities operate under “assumption of
the risk”. This legal principle implies that as a willing participant
you are unable to project responsibility for your injury onto another
party. You understand that risk of potential injury is a possibility once
you play an organized sport.
1. Injuries caused by excessive behavior
In some cases if you are injured as a result of aggressive actions imparted
by another player you may be able to file an intentional tort lawsuit.
Another player hitting you in the face because you blocked their free
throw shot can be considered intentional and aggressive behavior. Usually,
there has to be proof that the act was intentional. Note that the victim
does not necessarily have to prove that the aggressive act was a direct
result of the injury, but they do have prove the act was an intentional one.
2. Injuries caused by faulty equipment
If you were injured as a direct result of faulty equipment you may be able to file aproducts liability suit. A defective helmet the does not adequately protect you from a 200
pound linebacker can be the direct cause of a concussion or contusion.
A defective product is a product that fails to serve its designated purpose.
Defective sports equipment can take the form of broken helmets, thin neck
pads, shin guards, or loose ankle braces. If you have been injured as
a result of defective or faulty equipment you may be able to file a lawsuit
against the products manufacturers. You may also be able to file a
product liability claim if the defective or faulty equipment worsened your injury. Damages
to your brain after a concussion caused by a fall can be 10 times worse
if you do not have a helmet to soften the blow.
Sport injuries are difficult to avoid especially if you play a sport that
requires direct physical contact. Ankle sprains, torn ACL’s, and
muscle strains happen along with more serious injuries. In most of these
cases you are the liable party for these personal injuries. However, for
those instances where can place liability on another party you should
seek legal counsel.
If you feel inclined to file a
products liability claim or lawsuit against another sports player, feel free to
contact us at Kyle Law Firm.