Baseball, softball, cycling, rowing, swimming, tennis and soccer are just
a handful of sports in which people will engage during warm weather months
in New York. Athletes from young to old, novice to professional know that
there is a risk of injury when engaged in sporting activities. Most people
accept those risks because of a love for the sport and a desire to be
Experienced Newburgh personal injury and premises liability attorneys know that most sporting accidents will not lead to civil litigation. This
is because many sporting injuries are inherent to sports; they arise naturally
when one plays a sport, whatever that sport may be. Therefore, sports
players assume the risk of injury when engaged in a sporting activity.
Basically, people know they can get hurt playing sports so they normally
cannot sue someone when they do get hurt.
There are exceptions. The injury cannot be inherent to the sport if expecting
to sue for compensation. For example, being injured by tackling when rowing
is not something a rower would expect.
Tackling injuries are not inherent to rowing. Contrast this to a concussion suffered when
two baseball players collided at home plate. This type of accident and
injury is a common risk that baseball players are aware of; therefore,
the injured baseball players would not have grounds to sue.
In the rowing example above, a crewmember would not expect to be tackled
while rowing and the member would certainly not have consented to such
physical contact by participating in the sport. The injured crewmember
could have grounds for battery claim against the wrongdoer.
Another way that athletes are injured is via field and stadium hazards.
A suit on these grounds is founded in
premises liability laws. Generally speaking, land owners and operators must use reasonable care
under the circumstances in maintaining their property. This rule applies
to all property owners and operators, including those who own and or operate
The rule requires owners and or operators to inspect the athletic fields
for hazards dangerous to players. Any hazard found must be timely remediated.
Athletes should be warned of the danger until it can be repaired. Athletic
field owners and operators must not create a danger either.
If the property owners/operators fail at their duties to inspect, repair,
and warn, they can be held liable for injuries to players that are not
inherent to the sport being played.
Learn more about how warm weather and long weekends create increased risk
for injury or death inour latest article posted here. Read more about motorcycle accidents in nice weather in
our blog post here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.