People are injured participating in sports and recreation activities every day. In fact, the Centers for Disease Control and Prevention (CDC), estimate that approximately 8.4 million Americans are injured playing sports every year. These injuries can occur in various settings including, youth and adult sports leagues, in public parks and on public lands, and in private businesses including ski resorts, gyms, pools, and other recreation facilities.
Although some injuries, even serious ones, occur because of the inherent risks of participating in sports, often times, serious sports injuries could have been prevented had adequate precautions been taken. In cases where the injury could have been avoided, it is important to understand if someone else is legally responsible for the injury, who the responsible party is, and what specific laws will apply to your case.
The Negligence Standard
In Connecticut, liability for a sports injury must be established under the state’s comparative negligence rules. Essentially, negligence is the failure to take proper care based on one’s role in a given situation, resulting in someone else getting injured. What constitutes proper care can vary dramatically depending on the specific circumstances in question. Ultimately, sports injury-related negligence can come in many different forms, including:
- Inadequate supervision;
- Poor training;
- Unsafe equipment;
- Poorly maintained facilities; and
- Inappropriately aggressive play.
Defenses to Sports and Recreation Injuries
Simply being injured with participating in a sports or recreation activity does not automatically mean you will be successful if you decide to bring a lawsuit. In fact, there are numerous laws and statutes protecting individuals and companies from lawsuits brought by people who participate in sports and recreation activities. They includ volunteer protection statutes, governmental immunity statutes, recreation land use statutes, and waiver and release laws. However, these defenses will not always act as a bar to an injured person’s lawsuit. Accordingly, it is important to hire a lawyer who understands these laws and statutes, and how they may affect the outcome of your case. We do.
Compensation for Sports and Recreation Injury Victims
Victims of negligence are entitled to seek compensation for the full extent of their losses. This includes potential recovery for both monetary losses and noneconomic losses. If you or your child was seriously hurt while participating in a sports or recreational activity, and you can prove that another party was legally responsible, you may be able to seek recovery for:
- All medical bills;
- Any costs related to rehabilitation;
- Lost income, including diminished earning capacity;
- Long-term disability;
- Pain and suffering; and
- Loss of life’s enjoyment.
Further, in a limited number of cases, punitive damages may be available to punish the bad-acting party. Punitive damages are reserved for cases that involve intentional misconduct or reckless conduct.
Contact an Attorney for Help with Your Case
Sustaining an injury while participating in a sports or recreational activity can be truly devastating. At Stanger Law, our attorneys are well versed in determining whether or not you have a claim, the appropriate party to hold responsible, and the potential defenses that may be raised by the other side. We understand the specific laws regarding sports and recreation based injuries, and we will advocate aggressively on your behalf to help you recover the compensation that you deserve. Reach out to us today for help with your case.