Sports are broken down into three primary categories to include amateur, professional, and international. Unfortunately, injuries are commonplace among all three. If you are involved with recreational and/or amateur sports, you need to be aware of a few things pertaining to injuries.
Because there is an assumption of risk for recreational and amateur sports, holding someone else liable for an injury sustained may not be a viable option. An assumption of risk means that as long as the circumstances leading to an injury are reasonably related to the sport, you assume all risk. On the other hand, if another player shows unreasonable and aggressive behavior, under the law, the assumption of risk does not prevent you from pursuing an intentional tort lawsuit against that individual.
Types of Injuries
There are actually several different scenarios in which another person playing the sport or a third-party can be held legally liable.
- Defective Equipment/Product – If an injury was caused or worsened by defective equipment or a product used for a recreational or amateur sport, an attorney can file a product liability lawsuit. In this case, the attorney will go after the manufacturer of the equipment or product opposed to another person.
- School Injury – A lawsuit can be filed if a child sustains an injury due to negligence while participating in a sport at school.
- Instructor’s Injury – An instructor or coach can seek financial compensation if injured while on the job.
- Medical – An attorney can file a lawsuit against a medical professional and perhaps the associated clinic or hospital if the sports injury was misdiagnosed or the wrong treatment was administered.
- Spectator Injury – If a spectator at a public facility or sporting event is injured, a lawsuit can be filed.
Hiring a Qualified Attorney
A recreational and amateur sports injury case is unique. That combined with the fact that there are many different areas of law that come together specific to Sports Law, such as contracts, torts, and antitrust, it is essential that you hire a personal injury attorney who specializes in this field.
With recreational and amateur sports, individual groups are responsible for organizing and managing the activities. Since these groups establish the rules for both eligibility and competition, most courts do not want to interfere. However, with a great attorney and for certain types of cases, you can receive financial compensation.
An attorney can seek financial compensation for different types of sports, including aerobics, boating, gymnastics, horseback riding, motor sports, water or snow skiing, football, golf, and wrestling, among many others. There is also a broad range of injuries, with examples including brain injury, loss of sight, hearing impairment, spinal injury, nerve damage, fractured bone(s), amputation, muscle damage, laceration(s)/scar(s), whiplash, sprains, and many others.
Sadly, some sports injuries are fatal due to negligence, recklessness, or poor technique. By hiring a reputable personal injury attorney, the claim will be fully investigated. The right attorney will do everything possible to make your case strong, such as gathering documentation, meeting with medical professionals, talking to witnesses, and more.