The Law Of Assumption Of Risk In Sporting Activities
Participation in a recreational sporting activity always involves some degree of risk that you assume under the law. These are "inherent" risks. Examples of such risks in particular sporting activities include getting hit by a baseball during a baseball game, getting tackled in a football or soccer game, getting hit by a golf ball in the fairway by a golfer teeing off, or getting hit by a snowboarder who was not looking where he was going.
Co-participants in the sporting activity, including players, coaches and facility owners or operators, owe you no duty to protect you from the "inherent" risks in the sport, even if they were negligent. The courts have expressed the concern that liability for ordinary careless conduct (i.e., negligence) would have a chilling effect on vigorous participation in the sport and would discourage participation in the sport.
The law calls this concept primary implied assumption of risk (PIAR) and it is a bar to suing another for negligence when the risk of injury that caused the injury was inherent in the sport. PIAR applies to contact sports as well as to individual non-contact sports.
Exceptions to the defense of PIAR are follows:
• Intentional or reckless conduct. Co-participants can be held accountable if their conduct was more than negligent, i.e., intentional or reckless. Unfortunately, intentional conduct usually is not covered by liability insurance. Recklessness is interpreted as being more than a tough tackle or a rough collision with the catcher at home plate which can be expected in vigorous participation in a sport. Recklessness is conduct that is totally outside the range of normal participation in a sporting activity and that exceeds the bounds of anticipated ordinary careless conduct, i.e., negligence.
• Not an "inherent" risk of harm. You are not expected to assume risks in sporting activities that are not inherent. Examples of risks that are not inherent include getting hit in the head with a golf club, getting hit by a snowmobile while you are skiing, or having a TV fall on you at a fitness club while you are running on a treadmill. Factors to consider in determining whether or not a risk is inherent are the nature of the sport and a defendant's role or relationship to the sport. As negligence case may proceed against a defendant that exposed you to non-inherent risks.
• Increased risk of harm. Every participant has a duty to not increase the risk of harm or injury to other co-participants in an activity. Examples of how a co-participant can increase the risk of harm include failing to mark hazards at a motocross park or a ski resort, putting too much floor polish on a wooden basketball court, or failing to separate a snow covered landing of a ski jump from adjacent wooden stairways with a guard or barrier.
• Products liability. When a product defect causes or contributes to an injury, the product designer, manufacturer and distributor may be held accountable for products liability. Examples of defective products in sports settings include a defective ski binding, a defective weld on a bicycle or a defective burner on a hot air balloon.
ASW has the experience and expertise to evaluate and prosecute your case involving a serious sports injury that may be prohibited due to a release or waiver of liability. We understand how release and waivers of liability can limit your rights and under what circumstance you can avoid the limitations presented by them.
These cases are very difficult to advance, and require attorneys who have experience and results in this complex area of the law. We will devise the right strategy to increase your chances of success in a sports injury case. We also will retain a team of experts to evaluate the issues of liability and damages and presented your case to the jury.
It is extremely important to not delay in seeking legal advice if you or a loved one has sustained a serious personal injury in a recreational or sporting activity. Many times, evidence disappears very quickly. The property owner may fix the dangerous condition, the defective product may be destroyed or witnesses may provide statements to the insurance companies as they have already plotted their defenses.
