Can I File a Lawsuit For a Sports Injury?

Can I File a Lawsuit For a Sports Injury

Sports activities are one of the best ways to keep your children active. From positive life values like collaboration and responsibility, to learning to get along with others, sports are invaluable to the youth. However, as with most physical activities, there is regrettably the danger of being hurt. This particularly applies to rough sports like football or ice hockey, but can even happen while playing basketball or baseball.

In the United States, around 38 million youth play in an organized sport every year. With such a large number of participants, injuries related to sports are inevitable. Annually, there are nearly 4 million traumatic brain injuries (TBI), which is around 15% of all the injuries in high school-level sports. One of the most common injuries in this category is the concussion, which occurs when an athlete’s head is impacted or in close proximity to the head.

Which Sports See Regular Injuries?

An athlete can sustain injury in any sport. However, injuries generally occur in sports where there is the risk of player collisions. The following sports have some of the highest rates of injury:

– Basketball carries the highest risk of injury for almost any age. Specifically to the knee or ankles.

– Baseball sees mostly soft-tissue injuries where muscles are torn or strained. These include shoulder problems and elbow strains.

– Football players will commonly suffer head injuries, such as a concussion, as well as broken bones or worse.

– Hockey carries injuries similar to that of football, due to the risk of impact with other players or the glass encasing the arena. In this sport, concussions, fractured collar bones and muscle tears or strains are all common ailments.

– Soccer has the risk of collision, which might result in fractures or concussions. Players also run the risk of knee injuries or ankle sprains.

– Cheerleading isn’t always thought of when you think of sports injuries, but the gymnastics involved, it can be dangerous. Cheer is one of the leading sports that young womens suffer injuries in.

A severe sports injury can really impact a kid’s quality of life, pile on debt from medical bills and affect their ability to earn income in the future. When they occur, parents may ask whether they may sue to recoup their costs after a sports accident. There’s always circumstances unique to each case, which is why a personal injury attorney should be called upon to offer another view on the case.

What is Assumption of Risk?

People can’t generally sue for a sports-related injury that happens within usual circumstances in a sporting event. In football, your kid could take an unusually strong hit, resulting in a concussion. If your kid is playing basketball, they could potentially blow out their knee. As a baseball player, a pitcher could hurt their shoulder. All of this is referred to as “assumption of risk”, as these injuries are expected to sometimes happen in sports.

When it comes to tort law, the assumption of risk is used by a defendant in a negligence lawsuit or claim. A person is prevented from claiming damages for being hurt when they willingly engage in something that is known to carry danger, otherwise known as assumption of risk.

Before you can sign on to participate in youth sports leagues, a parent or a child’s guardian must sign a waiver as a condition of playing. These documents will prevent the onset of a lawsuit against a school or sports league for “ordinary negligence,” which refers to injuries that occur as a result of the sport’s inherent dangers.

Are There Any Circumstances Where I Can Sue?

There are specific circumstances in which a person may be eligible to file a lawsuit. The following are some of them:

Intentional Acts — You may be entitled to sue another player if that player intentionally injures your kid. This may be a fist fight or purposefully harming an opponent after the gameplay has come to an end.

 

Recklessness – An athlete who injures another athlete carelessly may be held accountable for any subsequent injuries.

 

Product Liability – Injuries caused by defective equipment may be the subject of a legal lawsuit under product liability law.

 

Negligent Coaching – When it comes to sports injuries, negligent coaching happens a lot. A coach may be held accountable if they place a player in an unsafe position.

 

The majority of sports injuries come under the category of “assumption of risk,” and hence are not eligiable to a legal settlement. However, every circumstance is unique.

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