Many people think that sports injuries only happen to professional athletes, however, thousands of adults and children are injured each year while participating in athletic or recreational activities. Whether accidents occur during high school sports events, pickup basketball games, or exercising at the gym, injuries can lead to lingering pain and suffering and medical bills.
The law office of Michael LoGiudice is the premier personal injury firm serving clients in the greater New York area. If you or a loved one suffered a sports injury that was due to the reckless or intentional conduct of another person, you may be entitled to compensation.
Sports Injuries and the Assumption of Risk
When you voluntarily participate in a sports activity, you assume all of the inherent risks involved and know or should know there is always the possibility of being injured. This is referred to as Assumption of Risk. This means that the negligence standard that is typically relied on in personal injury cases does not apply. Instead, it is necessary to show that the defendant acted recklessly or intentionally in causing your injury.
So, if your injure your knee during a pick-up basketball game, you most likely cannot hold anyone else liable for your injury. However, an injury that results from another’s reckless or intentional conduct, is an exception to the assumption of risk, and a legal action is possible. Using the basketball game example, you could pursue personal injury lawsuit if another player punches you in the face.
In addition, if your injury was caused by faulty sports equipment or a dangerous condition or defects on a playing field or property, you may have grounds for a personal injury claim. In these cases, you may be able to pursue a product liability lawsuit against the manufacturer of the defective equipment or a premises liability lawsuit against the property owner, respectively.
Youth Sports Injuries
In New York, thousands of children and teens participate in organized sports activities either at school or in youth leagues. Because of their age and inexperience, children are vulnerable to all types of injuries including muscle strains and sprained joints, broken bones, abrasions and lacerations, and concussions.
In order for children to participate, parents are typically required to sign consent forms or waivers. Generally, these documents state that the children and the parents understand the injury risks associated with participating in a particular sport. In addition, these forms often release schools and organizations from liability for injuries children suffer during the normal course of play.
However, school officials are responsible for a child’s safety and are expected to foresee dangerous conditions and take action to prevent injuries. They must examine and remove hazards, such as unsafe playground equipment and defective sports devices, and keep students away from slippery gym floors.
In addition, a school or youth league can be held liable for permitting conduct that does not conform to the rules of the game. For example, if the league permits excessive force during basketball games, they may be responsible for injuries caused by the non-standard conduct of players and coaches. In addition, coaches and instructors may be held liable for injuries resulting from inappropriate coaching methods, including:
- Encouraging conduct or behavior that is outside the rules of the sport, such as using too much force for a certain type of sport
- Not removing injured player from a game
- Physically assaulting a player
- Pushing the child beyond reasonable limits during practice and games
- Failing to consult medical professionals in an emergency
Common Sports Injuries
In addition to sprains, strains and bruises, a variety of injuries can occur during a sports or recreational activity, including:
- Head injuries and concussions
- Broken bones
- Facial or jaw injuries
- Eye injuries
- Dental injuries
- Neck and back injuries
- Spinal cord injuries
Dedicated Sports Injury Attorney
The law office of Michael LoGiudice has a proven track record of aggressively and successfully pursuing sports injury claims. If you or your child was injured during a sports or recreational activity, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. We are well versed in the legal standards that are required to bring a claim and have the skills to demonstrate the limitations of waivers from liability. Although participating in athletic activities provide people with a number of benefits, we are dedicated to holding parties responsible for injuries that occur. Fill out a contact form or call our office today for a free consultation.
The law office of Michael LoGiudice serves clients in Manhattan, Queens, Brooklyn, the Bronx, Westchester, Putnam, Dutchess, Nassau, and Suffolk Counties.