Sports inherently involve risk, with both amateur and professional athletes subject to injuries. Determining liability in sports injury claims is complex and frequently relies on consent as its basis. All athletes, whether involved with contact sports like football or non-contact ones like running, accept some amount of risk. But where exactly does liability begin?

Understanding Assumptions of Risk in Sports

Sports injury cases often use the assumption of risk doctrine, where athletes acknowledge and accept inherent risks in their sports. This can be expressed or implied consent, with express consent involving waivers or agreements, and implied consent arising from voluntary participation. However, assuming risk does not grant immunity from liability, and legal action may be required for reckless or intentional misconduct that exceeds the sport's scope.

Distinguish Between Acceptable and Unacceptable Risks

Athletes are legally responsible for normal risks, but they reject unreasonable dangers. Sports involve inherent dangers and those caused by negligence, recklessness, or intentional harm. Courts evaluate injuries separately, with small injuries considered normal. Faults can arise from organizers, coaches, facilities, unsafe playing conditions, and inadequate medical support. Injured runners may hold negligent track surface maintenance facilities and poorly equipped training centers responsible.

Waivers and Their Legal Limitations

Sports organizations often require participants to sign liability waivers, which may seem absolute at first glance but could be rejected by courts if they are too general, unclear, or don't adequately address gross negligence or intentional harm. Ski resorts can invoke a waiver exonerating them of liability solely due to injuries caused by skiers, but this would likely not hold if the injury resulted from failure to mark dangerous areas or maintain lifts properly.

How Negligence Affects Sports Injury Cases 

Sports injury lawsuits can succeed even without assuming risk, as negligence in sports includes misuse or ineffective training techniques, failure to comply with safety regulations, defective equipment, and inadequate emergency medical assistance. Football has been a focal point of increasing concerns regarding concussions, with lawsuits against schools and leagues alleging negligence for failing to educate players about concussion risk or returning them too soon after head traumas.

Legal Concerns in School and Youth Sports

Minors cannot waive legal liability in most jurisdictions, making consent in youth sports injuries cases challenging. Courts consider waivers signed by parents or guardians for young athletes. Schools, coaches, and athletic organizations could become more accountable if they disregard safety protocols. Schools failing to provide protective equipment or unsafe surfaces could be held responsible for injuries. Coaches could face legal consequences if their methods exceed safe boundaries, pushing young athletes past safe training thresholds.

Criminal and Civil Liability in Intentional Sports Injuries

Sports injuries are primarily accidental, but intentional harm can lead to criminal or civil liabilities. Acts like attacks during events or extreme unsportsmanlike behavior outside play boundaries could result in personal injury lawsuits beyond standard sports law regulations. Professional athletes using excessive force in games that do not constitute aggressive play may also face legal action for excessive violence.

Consent from an injured party is crucial for liability determination, but it's not a valid defense. Athletes accept risks but don't consent to recklessness, negligence, or intentional harm. The legal system differentiates inherent risks from unsafe conditions, lack of oversight, or violent conduct. Understanding these distinctions is essential for athletes, coaches, and sports organizations.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.