Thursday, March 23, 2017

Who is Liable for Sports Injuries?

Originally published by robertslawfirm.

In full contact sports such as football or hockey, injuries are essentially unavoidable. Although lawsuits having to do with sports injuries are rare and rarely succeed, in certain circumstances liability is imposed. For example, if a player violates the rules of a game and purposely injures another player, the injured player may be able to charge the other player with battery. Consequently, the player who violated the rules may be liable for the other player’s damages. Another legal theory applied to sports injuries is negligence. Examples of negligence include: Unsafe facilities Unsafe equipment Lack of a competent coach (negligent supervising or training) Forcing an injured player to play Moving an injured player unsafely Allowing mismatched players to play Noncompliance with workers compensation laws Failing to certify a player’s physical condition Manufacturing unsafe equipment The party charged with negligence, such as a coach or other players, typically will use what is known as the “assumption of risk” defense. This defense claims that the player was aware of the risk of danger that is associated with the sport, and therefore cannot hold anyone else responsible for injuries sustained while playing the sport. An injured player must file the claim within a specific period of time, which varies from state to state. If the party being charged with negligence is an agent or agency of the government, the player charging negligence must also file a notice of claim with a particular government agency within a specific period of time. Again, this amount of time […]

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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today
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