Oftentimes, it could get very tricky to file a lawsuit against another for getting injured while playing a sports injury. The common belief is that when you’re playing sports, there is a likelihood that you could get injured, and so, could you file a lawsuit against another if you are injured?
In California and Nevada, there is a legal theory called the assumption of risk. The Assumption of risk is a legal defense that the defendant who is being sued could bring up. It states that the plaintiff, by taking part in such a sport, assumes the risk of these injuries. Essentially, this defense is used to show that the plaintiff knew about these risks prior to getting involved in the sport, and still participated in the sport anyways.
However, not all injuries are assumed. If you or a loved one have been injured while playing a sport, contact our personal injury attorneys immediately to determine if the injury that you sustained could qualify you to file a lawsuit against the other party. Oftentimes, injuries may not fall under the assumption of risk doctrine. If you sustained an injury that is beyond what someone assumes while playing the sports, you could hold the defendant liable for any damages.
Sport Injury Statistics
According to a study done by Johns Hopkins:
- 30 million children and teens participate in some form of sports every year
- 5 million injuries occur from sports every year
- Two-thirds of all injuries that occur during childhood are from sports
- The majority of sport injuries occur in children ages 14 and younger
- Death from sport injuries is rare
- The most severe sport injury is a traumatic brain injury
- Traumatic brain injuries are likely to occur in sports such as bicycling, and skating
- Around 775,000 children are treated in emergency rooms every year for sport related injuries
- Sport injuries occur during sports that have the most contact
- 62% of sport injuries occur during practice
- Basketball: 170,000 children were treated last year for basketball injuries
- Baseball: 110,000 children were treated last year for baseball injuries
- Bicycling: 200,000 children were treated last year for bicycling injury
- Ice hockey: 20,000 children were treated last year for ice hockey injuries
- Skateboarding: 16,000 children were treated last year for skateboarding injuries
- Soccer: 88,000 children were treated last year for soccer injuries
- Trampolines: 65,000 children were treated last year for trampoline injuries
- Sledding: 16,000 children were treated last year for sledding injuries
It is important to seek medical help immediately after sustaining a sport related injury. After seeking treatment for your injuries, contact our personal injury attorneys to see if you have a claim against the negligent party for your injuries. Oftentimes, you may not have been injured because of a risk you have assumed.
Examples of Assumption of Risk in Sports
Below are some examples of different risks that people may assume when taking part in sports:
- An ice skater assumes the risk of slipping on ice
- A spectator at a baseball game assumes the risk that they will be hit by the baseball
- Someone who is participating in basketball assumes the risk that they will get elbowed
- Someone who is participating in football assumes the risk that they will get stepped on and pushed
- Someone who is participating in cheerleading assumes the risk that they may possibly be dropped when doing difficult cheer stunts
- Someone who is participating in soccer assumes the risk that they could be hit by the soccer ball, which could lead to concussions and broken bones
Sport injuries could result in expensive medical bills. Other than the financial toll that it takes on someone, sport injuries could also cause several emotional problems, such as pain and suffering. Consult with our experienced personal injury attorneys today to determine whether or not you have a claim against the other party to see if you can receive maximum compensation.
When Could I File a Sports Injury Lawsuit?
There are different instances where a plaintiff could file a sports injury lawsuit against the other party. This includes:
- Intentional: if another player of the sport intentionally injures you, you may have a claim against them for injuries sustained. For example, if you played basketball with another player, and the other player took out a gun and shot you, you have a claim against them since this is not a risk.
- Recklessness: if another athlete was reckless while playing the game, you could hold the other athlete liable for your injuries.
- Product liability: if you were injured due to a defect in one of the sports equipment used, you may have a claim against the product manufacturer, designer, and / or retailer.
- Negligence: this most likely occurs during coaching when a coach creates a dangerous situation. In such an instance, you may have a case against the coach.
What If I Signed a Liability Waiver Before Playing the Sport?
Oftentimes, many sign a liability waiver that prevents someone from filing a lawsuit against that sport organization. However, our attorneys will look into your claim and see if that applies in your instance. The liability waiver may not always apply for injuries sustained. Injuries that are well beyond what someone would assume would not qualify under this waiver of liability. Oftentimes, the waiver could also be an instance of unlawful action that could lead to a personal injury lawsuit.
Contact Our Sports Injury Attorneys Today
Many may think that they do not have a valid case against another party since it may fall under the assumption of risk doctrine. However, this may not always be the case. You may have sustained some injury that is not always assumed from such a sport. Our experienced attorneys will review your case and determine how we could handle the assumption of risk defense. You are not alone.
If you or your child has sustained an injury while playing sports, contact our personal injury attorneys today. We are readily available for a free no risk consultation to determine if you have a claim against the other party. We are available in person, via phone, and via email. We have offices located in a variety of different cities in California and Nevada. We serve clients from cities including:
Los Angeles, Las Vegas, Fresno, San Francisco, Reno, Beverly Hills, Century City, Irvine, Newport Beach, Pasadena, Glendale, North Hollywood, Silverlake, Burbank, West Hollywood, Malibu, Santa Monica, Redondo Beach, Huntington Beach, etc.
Our attorneys work on a contingency fee basis, which means that you do not have to pay for any fees upfront unless we win a settlement or verdict in your favor. You do not have to worry about any out-of-pocket legal fees up front. Contact us today for a free consultation.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.