What You Need to Know About a Sports Injury Lawsuit

By Mark T. Flickinger, JD on July 02, 2019

What You Need to Know About a Sports Injury Lawsuit

Summertime means sports. Whether it’s informal pickup soccer games in the park, or little league baseball tournaments every single weekend, summertime can be a great opportunity for kids and adults to enjoy fun recreational play in any sport they choose. You can make incredible memories on warm summer nights, but unfortunately, sports can also introduce a risk – injury. 

Over 8 million sports injuries are incurred every single year. Many of these injuries are mild, such as a sprained ankle or jammed finger. But around a third of these 8 million injuries are serious enough to land your sports star in the hospital with a more intense recovery. Even if your injury doesn’t require a hospital stay (such as a broken bone), you could still be saddled with a mountain of bills, weeks or months of recovery, missed wages, lost opportunities, and other out-of-pocket expenses due to your injury. 

Risk and Negligence in Sports Injuries

Most sports injuries are accidents that happen are accidental and part of the normal play of the game. When you step onto a field, court, or pitch, there is a natural risk of injury and you can’t expect another person to be responsible for that injury. This is known as your “assumption of risk.” But when are your sports injuries more than an accident? When does the negligence of others mean that you have a sports injury claim? 

In order to participate in sports, one often has to sign a release which essentially says that the owner of the facility, coaches, school, etc, is not responsible or liable for any injuries that may occur. However, if the injuries you incur should have been prevented by reasonable action or preparation, you may still have a case to sue for compensation for the injuries. 

Claiming a Sports Injury

Whether you’ve signed a release or not, you may have a claim for injury compensation for your sports injury. In order to pursue your injury claim, our expert sports injury attorneys at Flickinger, Sutterfield, and Boulton will need to find fault with the property owners, coaches, school, or another responsible party. If you feel that the following circumstances apply to your sports injury, call us right away: 

  • Negligence/Carelessness: If a coach, instructor, or facility owner fails to pay attention or monitor activities as expected and an injury occurs, they may be at fault for the injury even if a release was signed. 

  • Unsafe Equipment or Facilities: If your injury has occurred because you used faulty, broken, poorly maintained or neglected equipment or facilities, the fault may lie with the property owner. There is a reasonable expectation for maintenance and safety that must be met to withstand the release signed by the player. 

  • Safety Protocols: Coaches and staff are tasked with the safety of their players and must carefully follow safety protocols, such as concussion prevention, adequate space, instructions, and water breaks. If reasonable safety protocols are not met by the coaches or facility representatives, your injury would fall in the realm of negligence on their part. 

Our expert attorneys at Flickinger, Sutterfield, and Boulton stand ready to help you with your sports injury claim, so call for a free consultation today. 

 

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