One of the biggest trends over the past decade has been the growth of intense sports and fitness programs for adults, with many working professionals heading out to engage in Crossfit, triathlons, kickboxing, rock climbing gyms, intramural sports, and all other types of physical activities that can carry with them a high risk of physical injury. And when injury does happen either through another’s negligence or intentional actions, the question arises of whether the victim can bring a personal injury lawsuit for his or her injuries.
A defendant may raise a number of defenses in a sports/fitness related suit. The defendant might argue that you as the plaintiff was also negligent, but so long as the defendant was negligent, this only means that the plaintiff’s award might be reduced (and not that the plaintiff would be blocked from bringing a case). A defendant might also argue that a plaintiff consented to the injurious action, e.g. by agreeing to participate in a boxing match in which both participants would be hitting each other. Similarly, a defendant can argue that a plaintiff voluntarily assumed a risk by appreciating the nature of the risk of injury and nonetheless proceeding. While consent and assumption of risk may be valid arguments, you should work with your attorney to determine whether facts in your case negate those defenses.
Many gyms, recreational, and sporting organizations will require participants to sign a waiver of liability prior to participating in an activity. In some cases, this will limit the plaintiff’s ability to bring a suit, but this is not always the case, and you should always speak with an attorney to determine whether you have a viable personal injury suit in spite of a waiver. Waivers must be very explicit in what they entail in order to be effective, and courts will construe the waiver in favor of the plaintiff when possible. Furthermore, where the injurious conduct was reckless or intentional, a waiver will be ineffective.
Personal injury attorney Justin Brandel represents injured victims and their families in all types of accidents across NYC, and will fight to win the settlement or verdict you deserve. Contact us today to schedule your free consultation to discuss how we can help you win recovery for your injuries.
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