People injured during sporting activities, whether as a participant or a bystander, may be able to recover money damages under certain circumstances.
Under a doctrine known as “Assumption of the Risk”, people assume the risk of injuries that normally occur during sports, and cannot sue. However, if the sport was made more dangerous than normal, or if the participant is inexperienced at the activity or was being supervised by an employee of the sports facility, there can still be recovery for these injuries.
Some of the normal injuries for which people assume a risk include:
- Getting hit with a bat during a baseball game
- Getting hit with a fly ball while sitting in the seats of the stadium of field
- Injuries during a football game as a result of being tackled or pushed
- A golfer getting hit with a golf ball
- Tripping over another player during a basketball game
- Falling while skiing or snowboarding
- Tripping on a crack in a tennis court which is open and obvious.
There are other situations, however, where the participant does not assume a risk, including:
- Being struck with a club by a golf pro during a lesson
- Failure to secure the base causing it to slide when the runner steps on it
- Falling over a hidden snow making spout while skiing
- Failure to place appropriate barriers between sledding lanes so that another sled accidentally veers into your path
- Being injured during an exercise routine when the trainer directs you to perform some activity which is beyond your capability
- A bicyclist hitting an obstruction on a bike path which is hidden by overgrown buses and shrubs.
In one of our cases, a inexperienced go-kart operator was injured when the staff of the facility, who were riding in their own go-karts, decided to go in the opposition direction, resulting in a head on collision. Our client did not assume the risk of the injury since the staff made the activity more dangerous. She received $90,000 for a broken finger.
If you’ve been injured during a sports activity, contact the law firm of Norman M. Block, P.C. to discuss your situation. We will determine whether yours is a case that can be brought or whether the injury is a risk that you assumed. If the injury concerned at a facility owned by a government body, we will file the Notice of Claim which must be filed within 90 days of the accident. If necessary, we will file suit on your behalf and assist you during that process. Call today and learn about your rights.