Welcome to the Chris Farnell blog. Most sports injury claims consist of a traumatic injury, as opposed to an overuse-type injury. This is due to the fact that you cannot expect to hold another person liable for injuries that happen due to overexertion over time. However, if a sport’s participant causes injury to another participant, it may form the basis of a civil lawsuit. Sports law encompasses legal issues involving both amateur and professional sports. Claims often overlap with labor law, contract law, antitrust law, and tort law. 

Some examples of the most common sports injuries include, but may not be limited to broken bones; head injuries; concussions; hip flexor strains; hamstring strains; acl strains and/or tears; pulled muscles, especially groin pulls; shin splints; sciatica; tennis or golf elbow, which is due to the overuse of forearm tendons; and/or shoulder and knee injuries.

Although a person may assume the risk of injury when participating in a sport, there are some exclusions to the assumption of risk doctrine. How these legal theories may be applied depend on the nature of the sport. Some exclusions to assumption of risk doctrine include Negligence Standard: If a player’s negligence causes another player’s injury, they may be held liable for damages. Asserting negligence requires proof that the defendant breached the duty of care they owed to the plaintiff, and this breach of duty caused the plaintiff’s injury. An example of this would be if a player fails to abide by safety rules of the game; Defective or Faulty Equipment: If the sports equipment used was somehow faulty or defective, and those faults or defects were not anticipated when you voluntarily played the game, you could have a claim against the owner of the property or equipment manufacturer. This may only apply if you were injured as a direct result of the equipment being defective or faulty.

It is imperative to remember that under the assumption of risk doctrine, you cannot generally sue a defendant for your injuries if you signed a contract stating that you would not sue them. A waiver form would be the most common example of such a contract. The purpose of assumption of the risk is to prevent defendant liability, as well as deter an injured party from bringing a lawsuit.

However, expressing assumption of risk is a defense based in contract law. As such, there are a few things to consider The contract may not be in violation of public policy if the contract cannot cover intentional acts. What this means is that if a race car track owner intentionally leaves a wheel in the road with the intention of hurting the plaintiff, the assumption defense will not work; and the plaintiff did not have the capacity to understand the contract. 

If you wish to file a sports injury lawsuit, you should absolutely consult with an attorney like Chris Farnell.

Our experienced lawyers represent many professional sportsmen, sportswomen and teams. Visit the Chris Farnell IPS Law website today to find out how we can provide legal advice for your needs. Learn more about Chris Farnell Lawyer  on his about.me page here. You can also read the latest Chris Farnell Charlton news here.