Although participating in recreational activities involves some inherent physical risks, not all injuries sustained while engaging in sports are considered foreseeable risks. If you are injured in a recreational setting due to risks that are not inherent to the particular sport, you may need to consult with a recreational injury lawyer. If your injury occurred in an accident that falls outside of the risks considered to be normal for the sport, you may be entitled to compensation if another person was at fault and their actions were negligent, reckless, or intentional.
Working With a Recreational Injury Lawyer
Recreational injuries can occur in a variety of settings and involve a diverse range of activities. If you or a loved one has been injured while participating in any of the following recreational activities, you may be able to hold the liable party responsible.
- All-terrain vehicle accidents
- Boating accidents
- Personal watercraft accidents
- Swimming accidents
- Drowning accidents
- Water skiing accidents
- Snow skiing accidents
- Hunting accidents
- Snowmobile accidents
You may also wish to work with a recreational injury lawyer if, while visiting a recreational facility, you slipped and fell due to negligent maintenance or you were injured due to defective equipment.
Injuries Caused by Unreasonable Behavior
Although people are normally barred from gaining recompense against recreational facilities and fellow participants while they are playing sports because they assume a risk of injury by engaging in the sport, they may be able to receive compensation if another person’s unreasonable behavior caused their injury. For example, if a person who is playing basketball is physically attacked and punched by another player, that aggressive player may be sued due to the unreasonableness of his or her behavior.
Inadequate Security Claims
Facility owners, operators, and third-party security contractors may be liable when people are criminally attacked at a location at which the security is inadequate. This can include poorly lit parking lots at sports arenas or amusement parks, security guards who fail to intervene when an attack or kidnapping occurs, or pools failing to have lifeguards on duty (and failing to post a warning about the lack of supervision). If a person is injured due to negligent security in a recreational facility, they may be able to hold the responsible parties liable.
Recreational Injury Liability
Several different entities may be liable when a recreational injury occurs. If you are injured due to defective equipment, the equipment’s manufacturer may be liable. Poorly maintained equipment and facilities may lead to the liability of the facility owner, manager, or maintenance contractor. Facility owners and operators may also be liable if they fail to correct hazards that result in injuries, such as spilling oils or liquids on the floor and failing to promptly clean them up to prevent falls. In addition, ski resorts must mark dangerous routes, and if they fail to do so, they may be held liable if people are seriously injured due to the neglect.
If you have been injured in a recreational accident, it is important that you gather as much information as possible about the incident. You will need to obtain medical documentation of your injury and as much information about the accident as possible, including the contact information of all of the parties involved, the owner of the property, the location, and the equipment that you were using. If the facility has a video camera, you can also try to obtain a copy of any video evidence of your accident. If the facility refuses to give you a copy, a recreational injury lawyer may be able to subpoena any records and video evidence that you are unable to secure.
To get started, contact the Law Offices of Bryan Musgrave today. At your free case review, we can explore your unique situation, help you better understand your rights, and create a plan so that you can obtain the compensation you deserve.