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Sports Injuries

Fairfax Injury Lawyer Brien Roche Addresses Sports Injuries

Brien Roche

Sports Injuries May Require Expert Testimony

Sports injuries are part of the risk of participation. However that assumed risk may not bar an injury claim. For instance if there is some reckless disregard by the person that causes the injury. In a softball game a base-runner from first to second runs full speed into the shortstop. The shortstop is stepping away from the base after having made the tag. The base runner comes with spikes high and takes out the shortstop. The shortstop has a claim against the base-runner. The standard of care is to either slide into second base or at least stay in the base line. Coming out of the the base path and knocking the shortstop or second baseman down to break up a double-play is a reckless disregard. It gives rise to liability.

Restatement

As stated in the Second Restatement one who voluntarily participates in athletics implicitly consents to the risk. However the risk is bodily contact as permitted by the rules. Such risks are foreseeable and inherent in the game. However conduct that is a reckless disregard is outside the scope of expected risk.  This conduct creates liability. The factors to consider are several. The Court will look at the level of competition, the level of skill of the players and the sport involved. Also when the incident occurred during the game, the type of play involved and the way the play evolved may be factors. In addition the rules of the sport and the interpretations of the rules are factors. All of these need to be looked at. Based on those a decision must be made as to whether there was a reckless disregard or an assumed risk.

Liability in a sports injury may be a matter of proving the standard of care. In the softball case mentioned above you may have to prove what is the standard of care for sliding into second base. Call, or contact us for a free consult.

Sports Injuries-Tipping of Soccer Goals

A soccer goal may be an attractive nuisance to a child. They climb on it. It tips. The CPSC recognizes the danger. They recommended certain guidelines to  prevent injuries from soccer goals.  The primary guideline is that goals be anchored. This eliminates the tipping hazard for a child hanging on the cross bar.  These goals can weigh hundreds of pounds. However a small child hanging from the horizontal bar can tip it. As a result significant injury occurs.  Most injuries occur when the goals are not in use for a game.

Guidelines issued by the CPSC are to remove nets and anchor the goal or disassemble the goals when not in use.

These claims present tough questions of contributory negligence in those states bound by that legal principle. Some states are looking at the wisdom of continuing to follow this common law principle. See also the pages on Wikipedia for information on assumption of the risk. Call, or contact us for a free consult.

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Sports Injuries

Fairfax Injury Lawyer Brien Roche Addresses Sports Injuries

Brien Roche

Sports Injuries May Require Expert Testimony

Sports injuries are part of the risk of participation. However that assumed risk may not bar an injury claim. For instance if there is some reckless disregard by the person that causes the injury. In a softball game a base-runner from first to second runs full speed into the shortstop. The shortstop is stepping away from the base after having made the tag. The base runner comes with spikes high and takes out the shortstop. The shortstop has a claim against the base-runner. The standard of care is to either slide into second base or at least stay in the base line. Coming out of the the base path and knocking the shortstop or second baseman down to break up a double-play is a reckless disregard. It gives rise to liability.

Restatement

As stated in the Second Restatement one who voluntarily participates in athletics implicitly consents to the risk. However the risk is bodily contact as permitted by the rules. Such risks are foreseeable and inherent in the game. However conduct that is a reckless disregard is outside the scope of expected risk.  This conduct creates liability. The factors to consider are several. The Court will look at the level of competition, the level of skill of the players and the sport involved. Also when the incident occurred during the game, the type of play involved and the way the play evolved may be factors. In addition the rules of the sport and the interpretations of the rules are factors. All of these need to be looked at. Based on those a decision must be made as to whether there was a reckless disregard or an assumed risk.

Liability in a sports injury may be a matter of proving the standard of care. In the softball case mentioned above you may have to prove what is the standard of care for sliding into second base. Call, or contact us for a free consult.

Sports Injuries-Tipping of Soccer Goals

A soccer goal may be an attractive nuisance to a child. They climb on it. It tips. The CPSC recognizes the danger. They recommended certain guidelines to  prevent injuries from soccer goals.  The primary guideline is that goals be anchored. This eliminates the tipping hazard for a child hanging on the cross bar.  These goals can weigh hundreds of pounds. However a small child hanging from the horizontal bar can tip it. As a result significant injury occurs.  Most injuries occur when the goals are not in use for a game.

Guidelines issued by the CPSC are to remove nets and anchor the goal or disassemble the goals when not in use.

These claims present tough questions of contributory negligence in those states bound by that legal principle. Some states are looking at the wisdom of continuing to follow this common law principle. See also the pages on Wikipedia for information on assumption of the risk. Call, or contact us for a free consult.

Contact Us For A Free Consultation

Contact Us For A Free Consultation