Sporting Accident Lawyers
Sporting and recreational accidents can occur in all sorts of scenarios and if you suffer an injury due to someone else’s negligence you may be able to claim compensation. This negligence can be by an individual participant, and employee or against team leagues, event organizers and others. Sporting and recreational accidents can occur in several ways, whether it’s from an individual’s negligence, defective or improper use of equipment, failure to follow rules/policies, amongst others.
In the context of sport injuries, if you suffer an injury from behaviour of another player that is beyond what someone would reasonably expect in the context of what you are playing and who you are playing with, you could have a claim. For example if you were playing lacrosse and the ball was on the other side of the field and you were nowhere near the play, if another player slashed you with their crosse, you could have a claim in negligence against that player.
When it comes to recreational accidents claims can be based in negligence or in occupier’s liability. Recreational businesses are obligated to ensure that the premises out of which they operate are safe for their patrons, that their equipment is in working order and that their staff are properly trained and not negligent in the performance of their duties. When an employee is negligent in the performance of their duties the business is vicariously liable for that employee’s actions.
Sporting and Recreational Accident Situations
Common situations where injuries arise out of sporting and recreational accidents are:
- Sporting Events
- Amusement Parks
- Trampoline Parks
- Swimming Pools
- Water Parks
- Summer Camps
- Skating Rinks
Injuries suffered in sporting and recreational accidents can be quite severe in light of the high impact nature of activities. Often these accident’s result in lacerations, soft tissue injuries, fractures, concussions, if not more serious injuries.
If you’ve been injured in a sporting or recreational accident you may be able to claim for damages for pain and suffering, lost wages, loss of capacity to earn income, out of pocket medical expenses and other damages depending on the nature of your claim.
Many businesses have waivers in place that act as complete protection from any claim in negligence. Such waivers not only cover the inherent dangers that come with the activities you were engaged in, but even the gross negligence of the mountain, their employees and often contractors.
That being said waivers are not an absolute shield. The waiver must be clear and unambiguous and have language that covers the manner in which you are injured. It also must be brought to your attention prior to you purchasing your ticket and effectively entering into a contract with the business in question.
Sporting and recreational accidents are extremely common with children, teenagers and young adults. One thing most people do not realize is that a parent or guardian cannot contract away a minor’s rights in British Columbia, nor can a minor enter into a contract to waive their own rights. Because of this many waivers entered into on behalf of children and teenagers are not valid and cannot stop you from making a claim for your injuries
Even if you signed a waiver you should look into your legal rights and if you’ve suffered an injury at a sporting or recreational event contact a lawyer from Taylor & Blair LPP now.
What Compensation Is Available For Sporting and Recreational Accident Claims?
Because the facts and circumstances surrounding each case are different, each case is unique and requires careful handling and expert examination. As some of the most experienced personal injury lawyers in Vancouver, we have over 30 years of experience handling all kinds of injuries ranging from minor whiplash cases to serious brain injuries. What each case is worth and what compensation you’re entitled to depends on the specific facts of the case. However, generally speaking in personal injury claims you can seek compensation (also called damages) for:
- Pain and suffering (or non-pecuniary damages)
- Past loss of Income
- Future loss of income
- Loss of capacity to earn income
- Loss of homemaking capacity
- Cost of future care
- Out of pocket medical expenses (or special damages)
- In-trust claims