Every Friday night for the next 3 months or so people will gather at football stadiums and watch our kids go at the great game of football. In a departure from recent years this will include boys and girls. Things have certainly changed!
What hasn't changed, at least since 1992, is that everyone participating in the games is assuming the risks inherent in the sport. That includes bumps, bruises, lacerations, concussions, paralysis and even death. The Supreme Court decided in 1992 that a participant in a sporting activity cannot hold a co-participant liable for injuries they cause because the person engaging in the activity assumes the likelihood of risk at the hands of the other participants.
What if the people you are playing with violate a rule of the game you are playing and you are injured as a result? The court also held that even when a co-participant violates a rule of the game and may be subject to a penalty there is still no liability. The court felt that imposing legal liability would discourage vigorous participation in sporting events. The other participants have a limited duty to refrain from intentionally injuring another participant or from engaging in reckless conduct that is outside of what typically happens in the sport. It is for this reason that in the game of football a whistle is blown to signal the end of the play and that all activity must cease.
Head injuries are a sad reality in the games of football, basketball, soccer, baseball and lacrosse and assuming these risks requires careful consideration. We know that athletes that are skilled have a lower chance of a devastating injury and we know that no level of training can reduce that risk to zero.
If you have a child that has been injured while participating in a sporting activity you may still have a claim for the injury. Call the Law Office of Guenard & Bozarth at 888-809-1075 and we will meet with you and evaluate your case. There is no fee for the initial case evaluation. Call GBLegal today at 888-809-1075 or visit www.gblegal.com