Is Someone Liable for Your Sports Accident?
Participating in sports is an enjoyable experience that also provides health benefits for those who do. It is also an enjoyable experience for sports fans who come to watch the game live, which can be more enjoyable than watching from the comfort of their homes. Unfortunately, those who participate in sports and even fans watching the sports at a stadium can be injured for different reasons. At The Cartwright Law Firm, we represent both players who have been injured due to the negligence of others and also spectators who get injured at sports venues.
Sports Accidents in a Nutshell
The Brain Injury Research Institute estimates between 1.6 million and 3.8 million athletes suffer a concussion. The Centers for Disease Control and Prevention reports that in 2016 alone, an estimated 273,272 children aged 17 years or younger were treated in hospital emergency centers for nonfatal traumatic brain injuries (TBIs) related to sports and recreation. In the adult sports world, there are more and more injuries being reported, especially in professional sports.
Understanding Sports Accident Law in California
As the statistics bear this out, the intensity and popularity of children’s, high school, and college sports have increased significantly in California over the past several decades. Teams, coaches, and leagues are ever more driven than ever before to push their players to play high and higher levels than ever before.
This is both a curse and a blessing because, on the one hand, pushing these young players to their limits is good for their improvement, learning discipline, and learning to be competitive. On the other hand, however, pushing these young or even older players this hard can lead to injuries and death in some cases.
Under California law, the coach, high school, administrator, or league official can be held legally liable for the injury or death in some cases. If the injury was because of violence or unsportsmanlike conduct by the other team, then the player who engaged in the violence or unsportsmanlike conduct or their team could be held legally responsible for the harm caused.
Liability for Sports Injuries
When someone causes an injury, the law allows them to raise a defense known as “assumption of risk,” meaning the person sued can make the case the person who was injured freely and knowingly engaged in an activity they knew they could be injured. In the sports context, it is assumed that injuries are part of the risks associated with participating or engaging in any sports or athletic activity. It is also well known that sports activities can be rigorous and physically demanding, with danger not too far off during warm-up or playing competitively against other teams.
Injuries happen naturally in the course of many sports, including sprains, strains, and other conditions. When these injuries occur without negligence on the part of a coach, team, or another party, the player generally does not have the right to seek compensation.
While not everyone who is injured while playing a sport can sue for damages in California, some injuries happen due to negligence. Negligence is proven if you can show that the person who caused your injuries did not act with the level of care that someone else would have had done under the same circumstances. You would also need to show that their negligent conduct is what caused your injuries and that you have suffered some loss as a result.
Wanton or willful negligence, on the other hand, is an intentional disregard of the likelihood of causing injury to others.
If you can prove, for example, that a coach’s conduct caused your injury, and that the coach was acting negligently, then the coach could be held liable for your injuries. Examples of negligence that might lead to sports injury claims include:
- A coach keeping players on the field for hours in 100-degree weather without giving these players breaks or fluids
- A coach fails to provide football players with proper head protection while encouraging them to tackle other players vigorously and roughly
- Coaches allowing players to violate safety rules
- A gymnasium or another facility that is not properly maintained
- Not pulling a player from the game for concussion protocols after head trauma
- Failing to provide a player with the necessary medical care following an injury
- Pushing young players well beyond their age or skill levels
Liable parties for sports injuries might be coaching staff, medical staff, school districts, private sports venues, equipment manufacturers, sports leagues, and more. A lawyer can review how your sports injury happened to determine whether any parties – or multiple parties – should be liable for your losses.
Other than in cases of equipment failure, proving negligence in sports can be difficult, especially if the injury involves normal sports contact. Even wanton or reckless conduct is difficult to prove. It is critical that anyone with a sports injury has a skilled injury lawyer who can provide representation and prove liability when possible.
Compensation for Sports Injuries
When you have proven that your injuries were the result of someone else’s negligence or wanton and willful conduct, the law allows you to be compensated for your injuries. The compensation is given by the person or entity who caused your injuries and may include the following:
- Past, current, and future medical expenses
- Lost income or wages, as well as loss of future income potential
- Costs related to your rehabilitation
- Pain and suffering
Obtaining full compensation for sports injuries can be challenging, and you want the right legal advocate handling all necessary insurance claims and negotiations, so you obtain maximum financial recovery.
Speak With a San Francisco Sports Injury Lawyer
If you believe you have been injured in a sports accident caused by the negligence of others, or in an accident caused by the wanton or willful conduct of another person, then you should contact The Cartwright Law Firm for a free case review. We have a dedicated lawyer to take your case and obtain the best outcome for you. Call: 415-433-0444
