Maynard, O'Connor Smith

Fall is just around the corner, which means many of us and our family members will soon be involved in school and recreational sports. Most of these sports present a risk of injury, sometimes serious.

Football injuries are, of course, very common. Other sports such as lacrosse, soccer, racquetball, and even track all present a risk of injury.

In addition, skiers and snowboarders will start hitting the slopes in the winter, creating opportunities for winter sports injuries, including collisions with other snow enthusiasts.

Sports injuries can be costly, both in terms of medical bills and income lost while convalescing. They are also often quite painful and debilitating.

But what happens if you’re injured because of the actions or conduct of another participant in the sport? Can you sue them? Are you entitled to any damages from them?

SPORTS INJURIES AND PERSONAL INJURY LAWSUITS: UNDERSTANDING ASSUMPTION OF RISK

Sports create a strange paradox: if you were injured because a stranger aggressively tackled you while you were walking in the park on a Saturday afternoon, you might consider calling a lawyer (and probably the police, too), even though in football, such conduct is the nature of the game. A fighter who just finished a long, hard-fought boxing match certainly understands that split lips, concussions, broken noses, and bruising are all injuries that come with the territory, even though punching someone in a bar will probably get you arrested (and sued).

New York State law recognizes that injury is an inherent hazard of sporting activity. For most sports-related injuries, a participant will not be able to sue a fellow player for an injury even if a similar act would have entitled that person to damages outside the context of sports. This is due to the assumption of risk doctrine. 

The assumption of risk doctrine states that individuals who choose to participate in sports and recreational activities consent to the risks that are inherently associated with that activity. For example, if a left-fielder and a center-fielder both chase a fly ball hit deep into the outfield, causing the players to collide, neither will likely be able to sue the other, even though you may be able to recover from a jogger who negligently runs into you on a sidewalk while you walk to work. The law says that by participating in the sport, you assume the risk of being hurt.

WHEN CAN YOU PURSUE COMPENSATION AFTER A SPORTS INJURY?

There are times when you may be entitled to damages, despite the assumption of risk. If the hazard that caused your injury was caused by the reckless or intentional conduct of another individual, was concealed, or was outside the realm of the risks already present in the sporting activity you were participating in, you may be able to successfully seek damages.

For example, if you’re on the expert-level ski slope and a fellow skier emerges from behind the trees without watching where she’s going, darting into your path at a high speed, in violation of trail rules, you might be able to seek damages if you are injured.

Although the standard is high, the law still gives you the right to be compensated for legitimate injury caused by the actions of somebody whose recklessness falls outside what is typically expected in a particular sport.

SUFFERING FROM A SPORTS INJURY CAUSED BY THE NEGLIGENCE OF SOMEONE ELSE? CONTACT THE SPORTS INJURY LAWYERS AT MAYNARD, O’CONNOR, SMITH & CATALINOTTO.

Though most sports injuries do not result in personal injury lawsuits, some do. If you or a loved one is injured while playing sports, skiing, or participating in any other competitive activity, and you feel you may have a personal injury case on your hands, contact the personal injury lawyers at Maynard, O’Connor, Smith & Catalinotto.

When it comes to obtaining compensation following a sports injury, you’ll need good legal advice from experienced lawyers who know how to navigate the intricacies of the law of sports injuries. Our award winning personal injury attorneys have handled hundreds of personal injury cases in Albany, Saugerties, Johnstown and throughout the surrounding communities. We know what it takes to get you the compensation you are entitled to.

Interested in learning more? Call Maynard, O’Connor, Smith & Catalinotto today at (800) 721-3553 or fill out our online form to schedule a free consultation to discuss your case, and see if you may be entitled to damages.

Related Resources: 

Does Assumed Risk of Injury When Engaged in Sports or Recreational Activities Apply to All Risks and Injuries? – Find out how the assumed risk associated with sports and recreational activities can impact your case should you choose to pursue compensation, and learn more about when pursuing compensation for a sports injury is feasible.

Brain Trauma and Concussions in Youth Sports Leagues – Serious injuries, including concussions, are possible even within the context of youth sports. Learn more about the symptoms of concussions and what to do if you think your child has suffered from a traumatic brain injury during a sporting event.

Liability for Batted Balls and Flying Objects at Sporting Events – It’s possible to be injured at a sporting event even if you’re a spectator! Learn more about who is liable if you’re injured by a foul ball or broken bat at a baseball game.