For example, regardless of the inherent hazards and dangers, sports injuries can be significantly reduced with effective facility maintenance and safety measures.
If you or a family member were hurt while participating in a sporting event, contact a Dallas personal injury attorney right away. In the meantime, read below to learn more about when to seek compensation following a sports-related injury.
Can You File a Claim For Sports Injuries in Texas?
It is rare for athletes to file lawsuits after suffering injuries on the field of play. Victims are usually prepared to deal with a certain level of risk and danger when they play a sport, like football or hockey, for instance. The legal term for this idea is “assumption of risk.” Assumption of risk often means that a player does not have grounds to sue when a strong tackle during a football game causes a fractured bone or concussion.
Of course, sports-related claims have merit in situations when other players’ or parties’ intentional or careless actions cause injuries and damages to the victim in question.
Common Athletic and Sports Injuries
Sports are a high-risk environment for injury. No level of play is immune to the risk of injury, from Little League to adult intramural teams and professional sports organizations. Accidents are common even in individual sports when just a subset of the team competes. The following are examples of some of the most frequent types of sports injuries:
- Soft tissue injuries, such as scrapes and cuts
- Bone fractures and breaks
- Ongoing muscle aches and pains
- Persistent back pain and vertebral injuries or breaks
- Traumatic brain injuries and concussions
- Muscle and tendon injuries, like ACL tears in the knee
It’s important for victims of sports injuries to seek medical care as soon as possible, even if they believe their injuries are minor. Head injuries are particularly dangerous since some symptoms of a concussion don’t appear until several days after the accident or hit.
Liability For Sports-Related Injuries in Texas
Several separate parties may be held legally liable for a sports injury, depending on the events leading up to the accident and resulting damages. These parties may include, but are not limited to, the following:
- League and event organizers: Without generally accepted procedures meant to reduce the likelihood of injury to participants, league or event organizers may be liable for injuries that result from this lack of reasonable safety measures.
- Coaches: Athletes and participants in intramural games entrust their coaches with the responsibility of safeguarding them from serious injury. For instance, if a coach did not provide enough rest or water breaks and pushed his players too hard during practice or games, the coach could be partially liable for a player’s injuries directly caused by the coach’s carelessness.
- Other sports players and teammates: Team sports tend to energize and excite athletes, and players implicitly accept a certain level of risk associated with playing team sports. But if an opponent’s violent tackle or assault injured a teammate during a game or practice, above and beyond normal play, that teammate could face legal consequences.
- Manufacturers: If a sports injury occurs as a result of faulty equipment, whether that fault is due to poor design, defective manufacturing, or just a malfunctioning piece of equipment, the manufacturer may be held liable.
- Property owners: Finally, an injured player can file a claim against a property owner for damages in a premises liability case in Texas. If a player is hurt on a sports playing field, court, or other place due to poor upkeep and maintenance of the property, and the owner fails to mitigate resulting hazards or fails to warn players, the owner could be liable.
Proving Liability in Texas Sports Accidents
The plaintiff has the burden of proof in a lawsuit involving a sports injury and must demonstrate that:
- The defendant owed a duty of care to the victim.
- The defendant breached their duty of care.
- Because the defendant violated their duty of care, the plaintiff experienced actual physical injuries and other damages directly caused by the defendant’s breach.
The term “damages” generally describes monetary losses when a victim files a personal injury claim in Texas. When a defendant is held liable for their injuries, injured plaintiffs can recover compensation to pay medical bills, therapy costs, and more.
That said, there are two main defenses defendants can employ in these cases, including:
- Liability waivers: A person or organization can shield itself from legal liability if the injured victim signs a waiver of liability. By signing a waiver, victims effectively give up any legal recourse they may have had in the event of an injury.
- Assumption of risk: As mentioned previously, when a person plays sports, they knowingly subject themselves to the inherent dangers of the activity. As a result, victims don’t typically have legal grounds to sue for common sports-related injuries, like pulled muscles or torn tendons, which often occur due to regular play.
Call a Dallas Personal Injury Lawyer For Athletic Accidents
At the Rasansky | McKenzie Law, we provide free consultations where you and your family may meet with an attorney to explore your legal options, regardless of the cause of your sports-related injuries.
We take great pride in our record of success in helping victims get compensation for their injuries or losses. Over the course of more than three decades, personal injury and various accident claims in the Dallas-Fort Worth area and around the nation have been handled by Jeff Rasansky on behalf of thousands of clients. Our Dallas personal injury attorneys will stop at nothing to get the justice you deserve.
If you’ve been hurt while playing sports, contact our Dallas personal injury lawyers at (214) 651-6100 as soon as possible.