In full contact sports such as football or hockey, injuries are essentially unavoidable. Although lawsuits having to do with sports injuries are rare and rarely succeed, in certain circumstances liability is imposed.
For example, if a player violates the rules of a game and purposely injures another player, the injured player may be able to charge the other player with battery. Consequently, the player who violated the rules may be liable for the other player’s damages.
Another legal theory applied to sports injuries is negligence. Examples of negligence include:
- Unsafe facilities
- Unsafe equipment
- Lack of a competent coach (negligent supervising or training)
- Forcing an injured player to play
- Moving an injured player unsafely
- Allowing mismatched players to play
- Noncompliance with workers compensation laws
- Failing to certify a player’s physical condition
- Manufacturing unsafe equipment
The party charged with negligence, such as a coach or other players, typically will use what is known as the “assumption of risk” defense. This defense claims that the player was aware of the risk of danger that is associated with the sport, and therefore cannot hold anyone else responsible for injuries sustained while playing the sport.
An injured player must file the claim within a specific period of time, which varies from state to state. If the party being charged with negligence is an agent or agency of the government, the player charging negligence must also file a notice of claim with a particular government agency within a specific period of time. Again, this amount of time varies from state to state.
If you or someone you love has been injured as a result of an accident, our Texas personal injury attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.
Justin is an attorney at Roberts & Roberts and focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. He has earned recognition as a “Top 40 Under 40” Trial Lawyer by the National Trial Lawyers. Prior to joining Roberts & Roberts, Justin served as an attorney in all three branches of Texas’s state government, including as a Briefing Attorney on the Texas Supreme Court. He also represented electric and natural gas utilities in complex regulatory proceedings before the Public Utility Commission of Texas and the Railroad Commission of Texas. Justin is a published author in the St. Mary’s Law Journal.