Being active is a great way to stay healthy and have fun. But sports and other recreational activities come with the risk of harm. Serious injuries can happen in an instant, leaving you with long-lasting financial, emotional, and physical consequences.
You have rights if you’ve been injured playing a sport or participating in a recreational activity. Understanding your legal rights is the key to receiving the support and compensation you deserve. Read on for information about legal rights following a sports injury—or better yet, reach out to a personal injury lawyer at our law firm for advice tailored to your situation.
The right to sue following a sports-related injury
You may have the right to bring a lawsuit to recover compensation for injuries sustained while participating in sports or other recreational activities. Whether you have the right to pursue a lawsuit for a sports-related injury depends on several factors, including the circumstances of the injury, the type of activity, and who was involved.
Voluntary assumption of risk
Sports injury lawsuits are different from other types of personal injury lawsuits. The law recognizes that there are risks inherent to participating in certain sports and recreational activities. Contact is normal in some sports. Accidents happen. Not all injuries are legally “actionable.” A person is seen as having implicitly consented to the risks inherent to the sport (e.g., hockey or football) and to injuries that may occur in the ordinary course of play. This is a legal concept known as “voluntary assumption of risk.”
When can you sue for sports injuries?
The right to sue arises where harm is caused by negligence, recklessness, or intentional conduct of another person that falls outside of what is normally expected or acceptable. A participant’s implied consent does not extend to intentional acts by other players (e.g., malicious checking or tackling after the whistle; fighting/assaults/violence) or negligence of others (e.g., throwing a bat at the dugout in frustration after striking out; a coach failing to take appropriate action after a player sustains an injury such as a concussion).
There may also be the right to sue a facility, gym, sports association, or similar organization for compensation for injuries arising from negligence or premises liability, for example, if the field, arena, etc. was not properly maintained or the play not properly supervised. The right to sue can also arise from product liability, for example, if sports equipment (e.g., skates, clubs, skis, snowboards, bindings) or protective equipment (e.g., helmets, masks, pads) are defective and fail to work when used properly.
Waivers can impact legal rights
You may lose the right to sue for personal injury if you signed a waiver or release of liability—but not necessarily. Liability waivers are not always valid.
A waiver must meet certain criteria to be legally enforceable as a defence to a personal injury claim. It must be clear and unambiguous in its exclusion of liability and use specific language about the risks/dangers it covers. The person who signed the waiver must have known what they were signing and the party who wants to rely on the waiver must have taken reasonable steps to bring the liability release to the attention of the person who signed it.
Bottom line on waivers: contact one of our personal injury lawyers who can assess whether the waiver has an impact on your right to sue for damages.
The right to compensation in a sports injury lawsuit
You have the right to claim for damages and losses caused by sports-related injuries. In a typical sports injury lawsuit, a injured person can claim damages for pain and suffering, past income loss, future income loss, out-of-pocket medical and rehabilitation expenses, and future care costs. In rare cases, an injured person may be able to claim punitive damages against a wrongdoer if their misconduct was particularly outrageous. The best way to get an idea of what damages you can claim and what your claim is worth? Reach out to a personal injury lawyer for a case evaluation.
Injured in a Sports-Related Accident? Call Littlejohn Barristers
Sports injury lawsuits can be difficult to win. It’s important to speak to a lawyer as soon as possible if you or a loved one has been injured in a sport-related accident. It doesn’t matter what type of injury you suffered; you don’t need to look for a knee injury lawyer or a concussion lawyer, for example. Instead, you need a lawyer with experience handling sports and recreational injury claims.
The personal injury lawyers at Littlejohn Barristers have experience in handling sports and recreational injury claims. We will give you clear legal advice and a better handle on what to expect. Whether you simply have questions or are seeking representation, injury lawyers at our law firm are happy to speak with you. Contact a sports injury lawyer in Barrie at 705-725-7355 for a free initial consultation.
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