Do You Always Assume Risk with a Sports Injury?
While playing sports as a recreational activity can be a great way to stay physically fit and socially engaged, it also carries some risk of injury. In most contexts, the organizations and people who oversee sports at any level of competition are not legally liable for injuries that occur naturally during practice, workouts, or competitions. This is because courts recognize the inherent risk of injury in virtually any physical activity.
However, there are some scenarios under which you do not always assume risk with a sports injury. These are scenarios where you potentially could file suit against someone else for their role in causing a preventable injury during an athletic event or endeavor. In these situations, a seasoned personal injury attorney’s guidance could be crucial to understanding and making effective use of your legal right to demand compensation.
When Do Athletes “Assume Risk” for Injuries?
Most organizations that sponsor athletic teams and competitions, from rec leagues to multi-million-dollar professional franchises, require all participants to sign waivers. At a glance, these documents seem to expressly absolve the organization of legal liability for any injury that someone suffers while competing or preparing to compete. Additionally, courts across America generally operate under a legal doctrine called volenti non fit injuria, meaning that someone who knowingly and voluntarily enters a dangerous situation cannot file a personal injury lawsuit over injuries they sustain in that situation.
For example, if a marathon runner takes an awkward step and sprains their ankle while training for or participating in a race, they would usually not have grounds to sue anybody for that injury. This is because they voluntarily chose to participate in the athletic event, knowing there was a risk they might get hurt. Likewise, if someone attends a baseball game and suffers a concussion after being hit by a foul ball, they typically could not file suit over that injury since they knowingly assumed the risk of getting hurt when they first entered the ballpark.
Possible Grounds for a Sports Injury Lawsuit
It is important to note that the ‘assumption of risk’ mentioned above does not apply universally to all situations where someone gets hurt while participating in or watching a sporting event. It only applies in situations where the injury in question was something that a reasonable person could have anticipated as a possibility, and where no one else did anything to unnecessarily exacerbate the risk.
Returning to the previous examples, a normal ankle sprain during a marathon likely would not serve as grounds for a lawsuit. However, the situation could change dramatically if the injury occurred because of a flaw in the running surface that went negligently unaddressed by a property owner. The same principle applies to a spectator hit by a foul ball due to the stadium owner’s failure to ensure proper protection.
Discuss Your Rights After a Sports Injury With a Knowledgeable Attorney
A conversation with a seasoned sports injury lawyer could provide further clarity about when you do and do not assume risk with a sports injury. Call Price Benowitz today to set up a meeting.
