Sports Related Spinal Cord Injury: Who's Responsible?

In sports competitions, the potential for spinal cord injury is risk for any participating athlete. Should an injury occur during an athletic competition, victims often question their ability to hold other parties legally responsible for their injuries? The current state of sports-related injury case law is one full of ambiguity, often not well defined. As with many other injury claims, the crux of the sports-related injury liability claim often is decided based on the duty of parties involved, the liability of each party, and the specific factors surrounding a given sports injury. In addition, much like all other legal claims, the ability to hold other parties responsible for injuries can only be determined on a case by case basis with the representation of a lawyer.

Determining Responsible Parties

From a legal perspective, responsible parties are those parties or persons that can be held liable for damage claims. Specifically in sports-related injuries, fault is often assigned to the injured athlete for their own injuries, or in rare cases of potentially criminal conduct during play, another athlete may be held liable for injuries. However, the majority of sports injury cases are much less clearly defined. For starters, many sports injuries are often chalked up to being “part of the game”, or from a legal perspective, an inherent risk tacitly accepted by the injured athlete through their participation in the competition. However, most of these cases involve relatively minor injuries, which often at worst require temporary medical intervention. But what about claims arising from athletes suffering from lifelong complications due to a sports injury, such as is often seen in spinal cord injury victims?

In amateur sports, the liable parties often targeted in sports injury lawsuits are the supervising parties in a given competition. This may often include a school-sponsored coach or some other official in charge of organizing, supervising, and working with players to not only play a given sport, but also from a legal perspective, allow practice and play to continue in a manner that prevents potential injuries. In most cases, whether a coach or official is paid or a volunteer, the legal duty to facilitate game or practice play in a safe manner is a duty owed to players.

Furthermore, other potentially liable parties include officials, referees, or other persons tasked with enforcing the rules of a given game. In past court decisions, the courts have noted a duty of referees or officials to maintain a reasonably safe playing environment, and should they fail to do so, they may be held liable for ensuing injuries.

As far as other participants and players are concerned, past court decisions have noted that another player may be deemed legally negligent in actions that cause another player’s injuries, but not liable. In order to pursue claims against other players for injuries, the courts often look for some form or predicated recklessness, premeditated malice, or intent to cause harm. In essence, every participant in a sport incurs an assumption of risk of injury by participating, but is legally protected from intentionally reckless attacks from other players.

Though often not mentioned in sports-injury court cases, a sports-injury may also potentially make equipment manufacturers or other parties involved in the production of sports-related equipment and gear liable, should the products be deemed defective and cause injury. Likewise, there is the potential for property owners to be held liable under a premises liability claim for injuries caused by unsafe playing conditions or fields.

Getting Legal Help with Sports Related Injuries involving the Spinal Cord

In essence, only a lawyer can determine whom and how other parties may be held liable for spinal cord injuries sustained during athletic completion. The case laws of each state widely vary, and in turn, these legal precedents are often sparsely related to one’s own injury case. Having an attorney is essential to determine who is legally responsible for a spinal cord injury sustained during a sporting event.

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