It does not matter if you are a professional or amateur athlete, injuries can happen to anyone when they are playing on the field. You may be wondering if you have any legal recourse that you can take when an injury happens. Learn about the situations where someone may be liable for the injury you sustained.
Sports Have An Assumed Risk
In most situations, it will be very difficult to find a person liable for your injuries that occurred while playing a recreational or amateur sport. Sports have an assumed risk when you agree to participate, and it is known that injuries can happen as a natural part of the game.
If the circumstances that caused the injury were due to a normal game related activity, it will be very difficult to prove someone is liable for your injury. This includes injuries such as concussions in a game of football, or a blown out knee while playing basketball.
Injuries From Unsportsmanlike Behavior
An injury taking place on the playing field does not disqualify it from personal injury liability. If someone decides to partake in unsportsmanlike behavior that causes an injury, assumed risk will not work as a viable defense in a personal injury lawsuit.
For example, another player may punch you in a game of basketball, which is clearly against the rules of the game. In football, another player may blindside you with a late hit well after the whistle has been blown. If these actions lead to an injury that causes physical and monetary damages, the other player could be found liable in a personal injury lawsuit.
Some actions are very difficult to prove though. In baseball, a pitcher may intentionally hit the batter with a pitch and cause a serious injury. It is an action that can possibly happen under normal circumstances, and you will have a hard time proving the throw was intentional. In basketball, a player could intentionally trip you and cause an injury, but would be difficult to prove that it wasn't an accidental trip since they do happen as part of the game.
Injuries From Equipment Failure
When an injury occurs because of a sports equipment failure, you may have a product liability case on your hands. To have a strong case, it's important that the equipment failed in an irregular way instead of through wear and tear. A good example would be if a golf club head detached mid-swing, accidentally striking somebody in the head.
If you feel like someone is liable in your sport related injury, you should work with a personal injury lawyer to help get the compensation you deserve.Share