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Who is liable when you or your child suffers a sports injury accident?
If you or a loved one is hurt in a sports injury accident and suffered broken bones, twisted ankles, bruising or other injuries, you may be entitled to compensation.
When are others liable for this type of personal injury?
When you or your child joins a sports game there is an assumption of risk involved. No matter what level you’re playing at, whether it’s professional, intramural, or a local pick-up game, the risk of suffering some level of accidental in-game injuries is high.
Sometimes your medical insurance will cover treatment for small injuries sustained from playing sports. Homeowner’s Insurance or Business Liability Insurance may also cover some injuries that occur on private property.
Typically, unless negligence or malicious conduct is involved, proving liability is difficult. Most sports injuries are a result of accidents, but a few are the fault of others.
What can you do if your sports injury was a result of negligence or malicious conduct?
If your injuries were a result of negligence or malicious conduct, you can file a lawsuit.
In the case of negligence, the victim must prove that the plaintiff knew about a hazard and willfully ignored the risks, which led to the defendant being injured. For example, if a school maintenance technician reported to the school’s basketball coach and informed them of faulty equipment and the coach ignored the report and continued to use the faulty equipment, then if a player was injured as a result of using that faulty equipment the player could then can sue the school for negligence. The coach had a reasonable duty of care to fix the faulty equipment and maintain a safe environment for his or her players. In failing to do so, the coach made the school liable for any damage or injuries that occurred.
In the case of malicious conduct, a victim of a sports injury can file a lawsuit if their aggressor intended to cause harm. If the plaintiff caused intentional damage to another person, they can be held liable for damages. For example, if a soccer player didn’t like that another player stole the ball from them in game and decides to trip that player when neither of them have the ball, then they are causing intentional damage.
What if you signed a release form at the school or private sports center?
A release form may not be considered valid in a court of law if the school or sports center is found liable of negligence or willful misconduct.
What damages can a court award a sports accident victim?
If the court finds that the injury was due to negligence or malicious conduct and not a accident then the plaintiff may be awarded compensation for medical costs, medical equipment costs, lost wages, and pain and suffering.
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