Assumption of Risk - Sports and Recreation Lovers Beware!
Do you like to play sports? Maybe you like to watch live games at arenas, stadiums, and ballparks. Or, maybe you enjoy bicycling, hiking, or rollerblading. If you do any of these things, you should know that you-and only you-are responsible for any injuries you suffer as a result of the normal risks related to those activities, including the foreseeable careless actions of other people.
This legal rule is called "assumption of risk." Most people don't know about this rule. But, it's an important one to keep in mind because it affects all of your recreational activities, including simply going to watch any sporting activities. For example, did you know that if you go to an event and get hit by a flying ball, bat, club, puck, stick, glove, helmet, player, or even a racecar, and you are seriously injured or killed, you cannot maintain a lawsuit against the players, team owners, venue owners, or sports leagues? The legal rule is that you should have known about the normal risks associated with the sport you went to watch, even if you didn't actually know about the risks or know you were responsible for them. So, the law holds you-and only you-responsible for any harm you suffer as a result of those risks.
Note: The advice provided here is for general education only. If you think you might be involved in an actual lawsuit, you should meet with a good local lawyer who specializes in your type of case because the laws are different in different states. Also, every lawsuit is different, so each one must be handled differently depending on the facts.
EXAMPLES OF ASSUMED RISKS
Courts apply the assumption of risk rule to throw out many different personal injury lawsuits. Here are some examples of cases rejected by courts and why:
1. Teenaged boy was injured while skateboarding on his neighbor's property. He tried to sue his neighbors saying his injury was caused by the dangerous condition of the property and not by the normal risks of skateboarding. The court disagreed and found that the risks of skateboarding include the irregular conditions of the surface on which you do it.
2. Teenaged girl died when she dove into a shallow pool. Her parents tried to sue her high school swimming coach, high school, and school district saying the coach carelessly instructed her to compete beyond her skill and experience level. The court disagreed and found that the normal risks of coaching athletes include pushing them beyond their comfort zones to improve their skills and experience.
3. A married couple were taking their final ski tests to become ski patrollers. They lost control and fell over a cliff. He died but his wife wife survived, seriously injured. She tried to sue the ski instructor and ski resort saying the instructor carelessly tested them under conditions that were too dangerous. The court disagreed and found that the normal risks of training ski patrollers include testing them under conditions similar to the dangerous conditions they might face as ski patrollers.
4. A female college student was watching the Super Bowl with her friends. During Half Time, they decided to play an impromptu game of touch football. She says she only agreed to play because the other players promised her they would not play rough. During the game, one of the guys knocked over and stepped on her finger, which later had to be amputated. She tried to sue him saying his rough play was beyond the normal risk of this particular game of touch football because he had promised not to play rough. The court disagreed and found that the normal risks of playing any game include aggressive participation by other players.
5. A Japanese woman had never been to the U.S. and never heard of baseball when she was taken to her first game during her first visit here. At the game, she was hit in the face by a foul ball. She argued the assumption of risk rule should not apply to her because she did not know about either the risk or the rule. The court disagreed and found that ignorance of the risk or rule is irrelevant.
6. A baseball fan was hit by a foul ball when his view was blocked by a food vendor. He argued that, while getting hit by a foul ball was a normal risk of attending baseball games, getting your view blocked by food vendors so you can't protect yourself from foul balls, was not. The court disagreed and found that the normal risks of attending live events include people moving around for various foreseeable reasons, temporarily blocking your view.
7. A man on a waterskiing trip fell off the rear of a waterskiing boat and was seriously injured. He tried to sue the driver of the boat saying he carelessly operated it and the assumption of risk rule should not apply to the operation of motor vehicles. The court disagreed and found that the normal risks of waterskiing include challenging maneuvers created by the boat driver.
8. A man practicing judo broke his leg during a training session with his instructor. He argued that, although injury from competition or even practice with another judo student was a normal risk of the sport, an instructor still should be required to be careful not to injure him during practices. The court disagreed and found that the normal risk of participation in any sport includes the practice of the sport and training with instructors.
9. A man who was sportsfishing was hit in the eye by a sinker and lost part of his vision when another man carelessly handled his fishing pole. He tried to sue the other fisherman arguing that getting hit by a sinker was not a normal risk of sportsfishing. The court disagreed and found that the normal risk of the sport included injuries from flying hooks and sinkers.
10. A guest was injured in a car accident after accepting a nighttime ride in a vehicle without working lights. The injured person tried to sue the driver of the vehicle arguing that the assumption of risk rule should not be applied to this case because the broken lights was a clear violation of a safety law. The court disagreed and found that the normal risk of going for a ride at night in a vehicle without working lights include car accidents resulting from them.
EXAMPLES OF RISKS NOT ASSUMED
Then, of course, there are always exceptions to the rule. Courts allow injured persons to maintain their lawsuits against persons who wrongly increase the normal risks associated with sports and activities. Here are some examples:
1. A horsebackrider does not assume the risk of injury from a horse that got spooked if the owner knew or should have known that this particular horse got easily spooked.
2. A girl taking jumping lessons did not assume the risks of injury if her instructor or coach carelessly instructed her to jump her horse on an extra dangerous course.
3. A motocross driver does not assume the risk of injury from motocross course if the course was designed in an extra dangerous fashion.
4. Ballroom dancers do not assume the risk of injury from dancing on an extra slippery floor.
5. A fan does not assume the risk of injury from a hockey puck that is swatted in anger by a frustrated player after the game was over.
6. A golfer does not assume the risk of injury from his own golf partner's careless swing if his partner failed to check where he is standing before the swing.
7. A skier does not assume the risk of injury from a snowboarder who is extra careless by racing down a recreational run and not looking where he is going.
8. Skiers, snowboarders, or pedestrians do not assume the risk of injury from carelessly made, operated, or maintained chairlifts, gondolas, poma lifts, or T-bars.
9. Elevator or escalator riders do not assume the risk of injury from carelessly made, operated, or maintained elevators or escalators.
10. In some situations, young children and elderly persons may not assume the risk of injury from certain activities if people are around who should have used care to protect them from their own actions.
CONCLUSION
I handled a lot of cases during my ten years as a lawyer. My most famous case expanded the assumption of risk rule to the sport of ice hockey for the first time in California. In that case, which was called Nemarnik v. Los Angeles Kings and affirmed in 2002, Ms. Holly Ann Nemarnik was hit in the face by a hockey puck during pre-game warm-ups because her view was blocked by other fans standing in front of her to watch the players practicing on the ice.
She argued that, while getting hit by a stray puck during a game was a normal risk of attending hockey games, getting her view blocked by a crowd of people allowed to gather in front of her during pre-game warm-ups, when there are many more pucks on the ice, so she could not protect herself, was not. The court disagreed and found that the normal risks of attending live events include people standing around and blocking your view during practice.
So, if you're going to a game, keep your eyes open-and duck if you see a puck!
Copyright Shanel Yang
Shanel Yang Easy Steps to Success http://shanelyang.com/ http://shanelyang.com/blogs/articles/ (blog) http://shanelyang.com/all-articles/ (archive)
Shanel Yang shares the Easy Steps to Success that she has distilled after trial and error since 1971, when she came to the U.S. from South Korea with her parents and three younger sisters. Her parents had no education, no marketable skills, knew no English, and only $50 when they landed at LAX with absolutely no idea how they would survive in this new country. The responsibibities were divided between the parents and Shanel like
Source: http://ezinearticles.com/
Added: March 28, 2008
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