Arizona Personal Injury: Sports Injuries during the course of play in a game: If you have suffered an injury while participating in the course of a sports competition, consult an attorney to understand your rights.
Injury accidents happen in every imaginable circumstance. One such circumstance an Arizona personal injury occurs is during the course of a sports game. This type of Arizona personal injury probably does not warrant a cause of action. However, it may. There is a legal doctrine called “assumption of risk", which means simply that when you play a game, you understand the nature of the game, and you understand the risks, therefore, you cannot complain when you get injured from playing the game. As such, an Arizona personal injury that occurs during the course of a sporting competition probably does not warrant a legal claim or lawsuit.
There are generally two parts of “assumption of risk". The participant must have 1) known the risk and 2) voluntarily proceeded in light of the risk. One can assume the risk expressly (by signing a waiver), or impliedly (simply knowing the hazards involved0. When one undertakes playing a sport, there is an implicit knowledge that one could be injured, by way of the nature of the activity, or perhaps, by the conduct of another. When an Arizona personal injury occurs during a sporting event and the conduct causing the injury is negligent or accidental, it does not likely warrant a claim for injury. However, where the conduct is not accidental or negligent, but intentional, there may well be a claim for the injury.
Assumption of risk is not generally a defense to intentional conduct. Where an injury occurs during a sports game, the first question should be whether the conduct creating the injury was intentional. Intentional conduct that creates an injury during a sporting event may give rise to a cause of action. There are still problems, however. An Arizona personal injury caused by intentional conduct has to be proven to be intentional. In a sporting event, proving intentional conduct might be very difficult. The argument is, despite the otherwise rough nature of the game, the conduct was outside the scope of the rules or the type of competition (a fight in basketball, a cheap shot after the whistle has blown in football, throwing a bat at a player in baseball, etc…).
An experienced Arizona personal injury lawyer can best handle the difficulty proving intentional conduct. A personal injury specialist will be able to read and understand any contract you may have signed and what waivers you may have made. He will be able to discern and explain the difference between implied consent and intentional actions. Finally, an Arizona personal injury specialist will save you time and money by knowing which facts indicate a cause of action and which do not.
Sign up to receive a 3-part series of useful information and advice about personal injury law.