Every year, more than 3.5 million children aged 14 and below are treated in hospital emergency departments in the United States for sports injuries. It is estimated that over 30 million children engage in organized sports across the nation each year. According to the American Academy of Pediatrics and Safe Kids Worldwide, 62% of injuries caused by organized sports occur during practice and not during an actual game. Contact and collision sports such as rugby and football have higher injury rates, but injuries from individual sports like swimming and gymnastics are more severe in most cases.
Sports Injuries and Assumption of Risk
Most sports-related injuries occur without negligence. When a person voluntarily engages in a sport, they know, or should know, that there is always a possibility of injury. According to the law, this is known as Assumption of Risk, meaning that you take responsibility. When a person steps on to the playing field, they accept the risk that is inherent in the sport. For instance, a person knows that when they run to catch a football, they may accidentally run into another player or twist their knee. These are injuries that commonly occur due to the competitive nature of the sport. As a result, when we sprain an ankle or twist a knee, the injury is not anyone’s fault. We knew the possibility of the injury and it did occur.
Exclusions to Assumption of Risk
Willful or malicious conduct is exclusion to assumption of risk. A person may accuse another of such a conduct to compound the injuries. When malicious or willful intent is proven, insurance policies will normally exclude the entire coverage for the policyholder as well as the injured party. In most homeowner policies, Part F states that if a homeowner causes damage intentionally, the insurance provider excludes payment. For example, if a player becomes violent and throws a punch at another player in a game of pickup basketball, and breaks the player’s nose, insurance will not cover this type of injury under the legal doctrine of assumption of risk. It will also not cover the injury under the section of personal liability of the aggressor’s insurance policy. Although pickup basketball is a physical game, throwing a punch is not an expected or natural part of the game. In this case, the player who is injured by the aggressor will have to file a personal injury lawsuit as a way to obtain compensation since it is unlikely that the aggressor will agree to pay.
What do you have to say? What is your version of what happened?
If you or a loved one has suffered a sports-related injury due to the malicious or negligent actions of another player, you should immediately seek the help of an experienced personal injury attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. Give us a call. The first meeting is free. Is your case viable? Was someone else negligent? How much did you suffer? Give RMFW Law a call, we know how to win cases.
