Hello, my name is Robin and I own a medium sized business which is based in a suburb of Perth, Australia. Many business owners do not understand the importance of commercial law on their operations. I know that I certainly didn't when I set out. At first, this wasn't an issue but as my business grew, I realised that if I didn't teach myself about the legal rules in place and seek expert help, I would find myself in serious trouble. I got in touch with a great law firm who helped me to understand exactly what I needed to know. I decided to start this blog to help other business owners.
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When Are Sport Injuries Personal Liability Cases?
Daniel Young
If you or your child gets hurt playing sport, you may want to contact a lawyer. In some cases, you may have a personal injury lawsuit on your hands. There are a number of factors you need to consider.
1. Did the Condition of the Playing Field Cause the Injury?
In some cases, the injury may have been caused by the condition of the playing field. For instance, if your child was running track and a large pothole in the middle of the track caused him or her to fall, that could be considered negligence. However, there has to be an entity behind the negligence.
In this situation, you may want to consider the following questions. Was there an expectation that the track shouldn't have potholes? Was someone supposed to maintain the track? Did that individual or their employer know about the condition of the track and fail to take action? If you answer yes to questions like that, you should talk with a personal injury lawyer to learn more.
2. Was the Coach or Trainer Negligent?
In other cases, the coach or the trainer may be liable for the injuries. In particular, if the coach or trainer directly hurt you or your child, they may be guilty of assault and personally liable for the injuries.
Similarly, if the coach trained you too hard, knowing that they were going beyond what your body could handle, they may also be liable. Liability with sports injuries is a complicated and murky area. Because it's so nuance, it helps to consult with a lawyer.
3. Did Faulty Equipment Contribute to the Injury?
In still other cases, the cause of the injury may not be the field, the track or the trainer. Rather, it may boil down to faulty equipment.
To explain, imagine you are at a batting cage practicing your swing for cricket. The machine malfunctions and instead of bowling the ball to the right spot, the machine bowls the ball toward your head. In this situation, the machine's manufacturer or the people who service the machine may be liable.
Alternatively, the governing body of the sport may be liable. Recently, there has been a spate of tennis injuries, and many analysts say that the injuries are caused by the equipment allowed in the game. They claim that if the governing tennis group made the balls lighter and the surfaces faster that players would end up volleying more, the length of rallies would be lower, and injuries would be reduced.
If you're in a similar situation where you think the rules or the governing body is contributing to the injury, that may be an angle to explore.
To learn more, contact a lawyer. They can help you assess your situation and decide if you should move forward with a personal injury claim.
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