Participating in sports has inherent risks. Most sports involve high degrees of contact, thus increasing the risk of injury. Separating a typical sports injury from an avoidable one is often what lands, many institutions and teams to a negligence lawsuit.
While people generally “assume the risk” of possible harm when voluntarily playing sports, some injuries result from risks not inherent to the activity. If you or your child are among the 8.6 million injuries related to sports and recreation each year, you may be able to file a negligence lawsuit.
Does Assumption of Risk Prevent Me from Filing a Lawsuit?
Many sports injuries result from contact and collisions. These are generally inherent risks. Signing a release form, does completely restrict you from suing under certain circumstances. By law, the risk assumed is that of incurring injuries reasonably expected to happen while playing a sport.
Proving negligence as the cause of a sports injury can be a saving grace. Winning a negligence lawsuit ensures you will be compensated for losses, including medical bills, and time out of work. The types of sports injury claims that can involve negligence include:
If one player intentionally causes harm or attacks another participant, it is possible to file a lawsuit. A criminal charge may even be pressed depending on the event. A person or entity that allowed an act of intentional misconduct to occur could also be liable. For example, a coach who allowed someone with a history of violence to take part.
Inadequate Supervision/Negligent Coaching
Coaches, referees, and other officials have a duty to enforce rules and keep players safe. If the person overseeing the sport is negligent in their duties, you can file a lawsuit against for any injuries that resulted. Such instances can be when a coach:
- Fails to provide adequate rest breaks
- Does not provide adequate equipment
- Inadequately explains the rules
- Doesn’t recognize or properly respond to a medical emergency.
Poorly designed or damaged equipment causes injuries to many athletes and participants. In such cases, a claim can be filed against the facility that supplied the equipment, the retailer that sold it, or the manufacturer if a design defect was involved. A product liability claim may be possible if a helmet, mask, or other protective equipment was flawed or damaged prior to use.
A claim against the sporting facility can be filed as well. For example, a gym improperly installing equipment or failing to warn of or mitigate a slippery floor condition. Facilities have a duty to maintain their premises so they’re reasonably safe for participants. The business can be held liable for any injuries that result from breaching that duty.
Any school and its employees have a duty to protect children and take steps to prevent foreseeable injuries. Not only must they ensure conditions are safe. They must provide supervision and ensure children are acting in a safe manner. The parent of an injured child can file a negligence lawsuit against the school or one of its employees if:
- A sports game isn’t planned properly
- Adequate space isn’t provided
- Safety standards aren’t observed
- Play areas aren’t inspected for hazards,
Contact The Law Offices of Jacob Emrani
If you or your child has suffered a sports-related injury, our Los Angeles personal injury lawyer can help recover damages. The law can be complex. But even if you signed a release, the facility, owner, coach, or school staff may be held liable in a negligence lawsuit. Call us at 888-952-2952 for your free consultation.