Accidents and mishaps resulting in head trauma can happen in any context. But sports-related head injuries are particularly damaging for victims.
If you have sustained head trauma because of another party’s negligence, you may be owed compensation. However, it can be difficult to assess when another party is liable for your sports-related head injury. That is where an experienced personal injury attorney comes in.
One of the most important steps your personal injury attorney will take in securing the compensation you deserve for your sports-related head injury is determining legal liability.
Legal Liability in Sports-Related Head Injuries
Determining legal liability in sports-related head injury cases is complex. Many factors will influence which parties can be held financially responsible through a successful tort claim.
Some of the issues that must be considered include:
Assumption of Risk
In many sports, participants necessarily accept a certain level of risk. Understanding the inherent riskiness of an activity and engaging in it regardless is known as “assumption of risk.”
If the injury victim engaged in a sport while understanding the potential risks, it may limit the liability of other parties. This is especially true for contact sports, where there is a high probability of physical damage.
The legal concept of “negligence” refers to situations where one party fails to meet a reasonable standard of care and damage results. In a sports-related head injury case, negligence might be established if the person or entity responsible owed the victim a duty of care.
The plaintiff must also provide evidence that the at-fault party breached this duty and that the breach contributed to their head injury. For instance, suppose that a team’s coach failed to provide them with adequate training or supervision.
If a sporting professional does not create safe playing conditions and an injury occurs, then that sporting professional may be legally liable for the injury.
In many instances, individuals must sign waivers or other consent forms before participating in a sport. These forms signal that the participant understands and acknowledges the risks presented by playing the sport.
These documents may provide evidence of assumption of risk. But they do not always fully absolve an entity or individual of legal liability. This is especially true if the party in question was grossly negligent or intentionally harmed the victim.
Product liability cases are also common following a sports-related head injury accident. If the person’s injury was caused by a faulty or malfunctioning piece of sports equipment, the associated manufacturer or distributor may be held accountable.
Under product liability laws, the victim must provide proof that the sports equipment was defective. They must also show that the fault or defect in the product contributed to their head trauma.
Sports Coaching and Supervision
Trainers, coaches, and other sports specialists are responsible for creating safe conditions for participants. Those who fail to respond to common signs of a sports-related head injury may be considered negligent.
Seeking Legal Recourse with the Help of a Personal Injury Lawyer in Nassau County
The issue of legal liability in sports-related injury cases is highly complicated. No matter the circumstances of your sports accident, it is essential to seek legal counsel.
You may be owed significant financial recovery for the financial and personal losses you sustained. A personal injury attorney can carefully assess the evidence in your case and help you determine the best path for legal recourse.
If you have sustained a sports-related head injury in Long Island, you can trust the dedicated team at Kohan Law Group to handle your case with the care and individualized attention it deserves. Contact us today for a consultation with an experienced personal injury lawyer in Nassau County.