All About Filing a Sports Injuries Lawsuit In 2024
It doesn’t matter if you are a child or an adult; you have the right to claim compensation for your sports injuries by filing a sports injuries lawsuit.
Sports injuries refer to injuries sustained by someone participating in a sporting event. It can also be categorized as either caused by traumatic impact or those caused by the overuse of a particular body part.
Types of sports injury claims
When it comes to sports injuries, the following are the most common types of claims.
If one player intentionally causes harm or attacks another participant, it is possible to file a sports injuries 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.
Coaches, referees, and other officials must enforce rules and keep players safe. If you are overseeing the negligence of sports facilities in their duties, you can file a lawsuit for any injuries that resulted. Such instances can be when a coach:
- Does not provide adequate equipment.
- Doesn’t recognize or properly respond to a medical emergency.
- Fails to provide adequate rest breaks.
- Inadequately explains the rules.
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, for example, a helmet, mask, or other protective equipment was flawed or damaged before use.
A claim against the sporting facility can be filed as well. For example, a gym may be liable for 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.
Schools and their employees have a duty to protect children and take steps to prevent foreseeable injuries. Not only must they ensure that conditions are safe, but they must also provide supervision and ensure that children are away from hazards. The parent of an injured child can file a sports injury lawsuit case against the school or one of its employees if:
- A sports game was not planned properly.
- Adequate space was not provided.
- Play areas were not inspected for hazards.
- Safety standards were not observed.
What to do if you get hurt playing a sport?
Filing sports injury claims for compensation as a result of an injury one sustains while playing a sport is not an easy task. Often, it’s helpful to hire a skilled and experienced lawyer to figure out the appropriate standard of care for the sport or activity and to make a determination as to whether or not that standard of care was breached.
If you are injured while participating in a sport or activity, you should not assume that you have or don’t have a claim. It’s best to obtain legal advice from licensed and experienced sports injury attorneys as soon as possible. This is because there may be some urgency in gathering evidence, and you need to ensure nothing becomes altered or disappears.
What makes one liable for a sports injury?
The courts look at the specific facts of each case to determine who is liable for a sports injury. For instance, to determine what type of risk the person accepts when participating in a sport or activity, the court considers the following factors:
- Skill level.
- Knowledge of the location.
These factors help separate people who are unaware of the risks of sports injuries from people who act recklessly. For instance, the professional skier who acted recklessly will have a hard time justifying his action. A person with extensive experience should foresee dangers that a beginner usually could not.
The responsibility of a sports facility owner
Sports facility owners and operators have an obligation to act responsibly to assure the safety of the people who use their facilities. That means the owners and operators should take all the steps needed to prevent foreseeable and avoidable danger. Two of the most important duties are:
- The facility must meet the safety requirements that apply to it. For instance, the facility isn’t allowed to cut costs by installing stands that fulfill the safety requirements.
- The facility must be kept free of obstacles. For instance, if a piece of steel is left lying in the middle of a ski trail, there should be danger signs that bring the skier’s attention to it.
Inexperience should not be used as an excuse for everything. Therefore, beginners must pay attention to the warnings and advice of more experienced people who participate in the activity. If the beginner is not accompanied by anyone during the activity, there is still an obligation to get information from more experienced people.
Steps to file sports injuries lawsuit
Expressing the assumption of risk is a defense based on contract law. However, to be valid, the waiver should follow certain things, such as:
- The contract should not violate public policy.
- The contract should not cover intentional acts. For example, if a race car track owner intentionally leaves a wheel in the road to hurt the plaintiff, the assumption defense will not work.
- The plaintiff should understand the contract and give their consent freely. Therefore, a plaintiff who is barely conscious, mentally incompetent, or under duress cannot sign a contract waiving the right to sue a doctor or hospital. Moreover, a minor cannot waive the right to sue. However, if the minor is more mature, his being a minor could be a point of contention.
Contact a sports injury lawyer.
Athletes assume certain inherent risks of injury, but it does not include lawsuits where the injury was caused by someone’s recklessness or a product defect that directly caused an accident and injury. Even though an injury release form may have been signed, there can be exceptions when injuries happen as a result of negligence. A skilled and experienced sports injury lawyer will help you get maximum compensation for your claim by proving:
- A negligent coach.
- Unsafe gear provided.
- Improper supervision.
- Poor training.
- Inadequate medical care.
- Unsafe athletic premises.
Plaintiffs can get sports injury compensation for past and future medical expenses, pain and suffering, as well as punitive damages against a negligent manufacturer of sports equipment for a blatant disregard for the safety of consumers. Make sure to contact Ethen Ostroff Law to discuss your case and get you started with collecting the evidence you need to win your claim. Call Ethen today on 610-510-8883.