Sports accidents occur on a daily basis at schools, gyms and training facilities. Sports injuries can occur in a variety of sports and result in various injuries including severe traumas to the head, neck and back, including paralysis.
What does the law say about athletic injuries?
If you or a family member sustained an injury while playing sports, you could have a claim against the facility where you sustained your injury as well as the individual that caused the injury.
One of the most common sports accidents is an accident that occurs while skiing. Connecticut law provides that if a skier is injured as a result of the negligence of the ski area operator or another skier, he can institute a lawsuit for his injuries, as long as the injured skier was acting reasonably at the time of the accident. This means that if you hit an unmarked patch of grass in the middle of a ski trail and were injured you may have a claim against the resort. Although this is one of the most common types of ski injuries, it is not the only type. Other injuries which you may be compensated for include those occurring due to rocks or tree limbs on the trail which should have been removed by the resort staff.
In other sports such as football, soccer, basketball, rugby and hockey, where contact between participants is expected, Connecticut law provides that in order to institute a claim against the coparticipant that caused the injury, an injured person must prove that the co-participant was reckless or committed intentional misconduct, which is a higher standard of care than the ordinary negligence standard. However, a person injured from a contact sports such as football, soccer, basketball, rugby and hockey may have a claim against the school, team, organization or owner of the facility where the injury occurred.
There is always some risk of injury associated with these sports. By simply participating in these sports an individual accepts that level of risk. For example, an accepted risk is that a baseball player might be hit with a ball flying through the air after being hit with a bat. However, often times injuries are sustained due to actions which you have not been accepted simply by participating. An example of this would be another player intentionally throwing a baseball at your head to cause injury during a game. In those cases you are entitled to recover for your injuries.
Attorney Michael P. Foley, Jr. has experience with sports injury claims, including a claim involving an eleven year old girl who sustained injuries to her teeth during a gymnastics class. Contact us at 203-250-7212 or fill out the consultation form to set up a personal consultation. Attorney Foley will discuss your accident with you and go over your options.