Sports injuries are incredibly common. Many of the injuries that occur in sports are just a part of the game and may not entitle you to compensation or an injury lawsuit. However, when players or coaches become too aggressive or when safety equipment fails to do its job, athletes can face very serious injuries. When these injuries go beyond the expected norms of the sport, you may be entitled to file a lawsuit against the responsible parties and seek compensation for your injuries.
After a severe sports injury, intentional harm from a fellow athlete, or injuries from faulty safety gear, talk to an attorney. If you or your child faced severe injuries, you could be entitled to substantial compensation to help pay for your medical care, lost wages, and pain and suffering. For a free consultation on your sports injury case, contact Miami sports injury lawyer Prosper Shaked of Prosper Shaked Accident Injury Attorneys PA today at (305) 960-0244.
Can You Sue for Sports Injuries?
Many injuries you receive in the world could entitle you to compensation from any party that had a duty to prevent the injury. For instance, car accident lawsuits are common because they typically only occur when one driver is “at-fault” for the accident. Other injury cases are similar, and any party that is “at-fault” for your injuries could be held liable in court. If a judge and jury find that they failed to follow their duty to keep you safe, you could be entitled to compensation for your injury.
Especially in school-sponsored programs or other athletic organizations for children, the responsible parties are usually the adults in charge. That could mean the coaches, clubs, athletic organizations, or the school district. If your child is injured because of poor supervision, because coaches failed to break up fights, or because officials actually encouraged roughhousing, you may be entitled to sue for the injury. These kinds of things all relate to the duty that the adults in charge owed your child: to properly monitor and prevent dangers.
Another common reason you can sue for a sports-related injury is because of equipment malfunctions. When you put on a helmet, mask, or pads, you expect them to function as they are supposed to. While some equipment may not be expected to absorb all impacts and protect from any dangers, you do expect that the equipment will do its job to a reasonable degree and help keep you or your child safe. Especially with things like helmets, there is legal precedent to support filing a lawsuit for injuries the equipment should have protected against. More clear malfunctions, such as padding or helmets that break after one use, could also lead to products liability lawsuits for design or manufacturing defects.
It is important to remember that individual leagues may have waivers to limit their own liability. Talk to an attorney today about what your waiver may mean for your ability to sue. If the waiver is not legally binding, you may face no limits. Otherwise, the waiver may only prevent you from suing particular parties or suing for particular issues. This could still leave you room to sue other players or non-players, such as a parent who encouraged dangerous play. These waivers usually do not limit your ability to sue outside parties like sporting equipment manufacturers.
Suing for Intentional Injuries in Sports
Of course, any time you do physical activity, there is a chance you could get hurt. You may jam your finger on a basketball or get hit in a sensitive area by a soccer ball. These kinds of accidents may be part of the risk you assume when playing a sport. Legally, “assumption of the risk” is similar to consenting to the injury, and you may not be able to sue if the injury is of a type that you risk getting simply by playing the sport. However, this never justifies intentional harm.
Some players may think that they can get away with intentionally harming another player during a game. The rules of most sports have penalties for these kinds of injuries, such as red cards or technical fouls. If you or your child was injured because another player intentionally caused injuries during a game, came after them after the whistle was blown, or otherwise started a fight during a match, talk to an attorney today. You could be entitled to full damages for this kind of attack as well as potential punitive damages to punish the wrong-doer. In cases where the injuries were exacerbated because officials failed to intervene, you could also take them to court for negligent supervision.
Intentional strikes or hits are usually not permitted under the rules of any sports. Except in combat sports like martial arts or boxing, any intentional injuries could be the basis of a lawsuit. Talk to an attorney today for help understanding your case.
Miami Sporting Injury Lawyer Offering Free Consultations
If you or your child was injured in a little league game, a school athletics practice, a community league basketball game, or a club sporting event, talk to an attorney today. You may be entitled to file a lawsuit for many injuries that occur because someone was playing in an overly aggressive manner, because of intentional attempts to harm, or because of negligent supervision or officiating. Miami sports injury attorney Prosper Shaked may be able to help you file a case for compensation. For a free consultation on your case, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676.