Law

Can You File a Lawsuit After Suffering An Injury Playing a Sport?

Sports help keep your kids active and healthy. It also teaches lessons like learning to trust teammates, work together and responsibility, as well as how to get along with people with different personalities all to reach a common goal. Despite all the good sports bring, there’s always the risk that a player could get injured, especially while playing sports like football, basketball, and ice hockey.

In the United States, about 38 million youth play organized sports each year. With so many kids involved in sports, injuries are inevitable. In fact, it’s estimated that anywhere between 1.5 million to 3.8 million traumatic brain injuries (TBI) happen each year. Injuries like a concussion fall into this category. It is a TBI that can be caused by a hit to the head or the body that causes the brain to move back and forth very fast.

Where Do Sports Injuries Occur?

Injuries are more common in sports where players collide or involve a lot of wear and tear on the body. For example, in basketball, knee or ankle injuries can be common. In baseball, muscle strains or tendon tears can happen. While playing football, players can sustain injuries to their head or neck, suffer broken bones or concussions, which are a common occurrence. Concussions are also common injuries among hockey players, as well as dislocations, broken bones and muscular strains. For soccer, players suffer knee and ankle injuries, broken bones and concussions. Due to the challenging and gymnastics involved in cheerleading, injuries can happen in sport as well.

If someone suffers a sports-related injury, medical bills can mount, especially if you can no longer work. This, in addition to pain and suffering, can add up to substantial compensation if another party is responsible for your injury. Can you sue to recoup costs after a sports accident? Your best bet is to consult an expert personal injury lawyer who can evaluate whether you have a claim.

Risk Assumption

In most cases, you can’t sue for sports-related injuries that take place within the regular course of a sporting event. If your kid plays football, for example, there is always the possibility that he or she may take a very severe blow and get a concussion. A powerful slap shot in hockey may fracture a bone. We anticipate these events to occur from time to time, and they are referred to as “assumption of risk” in legal terms.

In tort law, assumption of risk is a defense that a defendant may use in a negligence case. A person is prohibited from collecting damages for an injury suffered when he or she deliberately exposed himself or herself to a knowing hazard, according to the legal concept of assumption of risk.

 

Furthermore, most parents are required to sign a mandatory permission waiver prior to their kid engaging in youth sports. This document stops one from suing the school or sports league for “ordinary negligence,” which refers to injuries caused by the sport’s inherent hazards.

In What Situations Can You Sue?

Despite waivers being signed before engaging in most sports-related activities, there are certain circumstances where a person may be allowed to file a lawsuit.

You may be entitled to sue if another player injuries someone intentionally. Acts such as fighting or deliberately hurting an opponent after the game are examples of when you may be able to sue.

If a player injures another, due to carelessness, they may be held responsible for any subsequent injuries.

If you are injured due to faulty sports equipment, you could have a legal claim under product liability law.

If a coach places a player in danger and they get injured, the coach may be held responsible. However, this is a common accusation and must be proven.

Although there are certain situations where you could possibly file a lawsuit, most sports injuries fall under “assumption of risk.” However, each case is unique, and your child’s injuries may be recoverable.

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