Share

New York Personal Injury Law Blog

Monday, June 27, 2016

Suing for Injuries Sustained while Playing Sports

Any sports can be dangerous for participants. It does not matter what the sport is, there is always the chance of injury when engaging in physical activity. The chances of injury go up significantly when the sport being played is a contact sport, like football, but injuries are a part of every sport, including baseball, soccer, and basketball. Even golfers can suffer serious injuries.

Generally, a participant in a sport assumes the risk of normal injuries during play. If a concussion or spinal injury is suffered as a result of being tackled in a game of football, he or she will be responsible for his or her own medical bills. Similarly, a basketball player cannot sue for an injury sustained when landing awkwardly after a shot. However, if an injury is caused by a condition not within the scope of a participant’s consent, the loss from that injury can be recovered. A person who consents to play basketball, for example, can sue another participant for starting a physical fight because the person who started the fight was acting improperly. Similarly, a soccer player may be able to file a claim if the injury in question was caused by shoddy conditions on the field.

Individuals wishing to take part in organized leagues will often be asked to sign documents acknowledging their willful participation in the activity. These documents may include waivers of liability. It is important to read these documents carefully. If a waiver of liability is included, participants should make sure that the field of play is well-maintained before engaging in physical activity there. These waivers are not always enforceable. Each state has its own rules about how liability waivers are treated by the courts.

In pickup games with friends, even though there is no waiver of liability signed, there is still an understanding of consent to play the game. Any incidental contact as a result of the sport cannot give rise to a lawsuit. For this reason, it is important that players  go over the extent of acceptable contact before participating.  It is also, for the reasons noted above, important to examine the field of play for any potentially dangerous conditions.


Archived Posts

2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015


*Past results are not a predictor of future performance.



© 2017 Law Offices of Marius C. Wesser, PC | Disclaimer
225 Broadway, 17th Floor, New York, NY 10007
| Phone: 646-736-1940

Personal Injury | Appellate Law | Automobile Accidents | Brain Injuries | Construction Accidents | Dog Bites | Medical Malpractice | Motorcycle Accidents | Nursing Home Abuse | Product Liability | Slip/Trip and Fall | Spinal Cord Injuries | Truck Accidents | Wrongful Death | Resources | Attorney Profile

Law Firm Website Design by
Amicus Creative