Many school age children are involved in organized sports, either through school or through private organizations. While sports can be an excellent source of recreation and exercise for younger people, they also create an inherent risk of injury to participants. Due to a legal doctrine known as “assumption of the risk,” many sports injuries are not actionable, meaning that an injured party may not sue to recover any losses. Certain injuries, however, may give rise to a legal claim. In order to determine whether you have a claim, you should have the circumstances of your child’s accident reviewed by one of the experienced personal injury attorneys of the Law Offices of Shane Smith as soon as possible.
What kinds of injuries are actionable?
To determine whether you can sue as a result of your child’s sports injuries, it is best to first discuss what kinds of injuries are not actionable. Generally speaking, you cannot sue injuries that occur within the normal course of a sporting event. For example, a hockey player may not sue because of lost teeth caused by a slapshot, or a basketball player for a sprained finger. Some examples of accidents that may give rise to a lawsuit include the following:
- Intentionally caused injuries.
- Injuries caused by a player’s recklessness. In this context, recklessness means conduct outside of the normal type of conduct expected in the sport being played.
- Injuries caused by faulty equipment.
- Injuries caused by negligent coaching, such as expecting a player to engage in an activity above his or her skill level.
- Injuries that occur due to poorly maintained playing surfaces.
Determining whether a sports accident is actionable can be a very fact-specific inquiry, and it is advisable for anyone who has sustained a sports injury to consult with an experienced attorney to determine whether they have a claim.
Contact a Coweta County personal injury attorney for a free consultation
If you or a loved one has been injured in a sports accident, you may be entitled to substantial compensation. To schedule a free consultation with one of our attorneys, call our office today at (770) 487-8999.