If you’ve tuned in to any of the events at the 2010 Winter Olympics that took place in Vancouver, you’ve no doubt seen some jaw-dropping moments in both art and athletics. Despite all the understandable concerns about the weather and the lack of snow at the various competition venues (at the same time that almost every state in our country had snow somewhere), the Olympics have gone ahead. Perhaps in part due to the unpredictable impact of weather and also simply due to the intensity of the sports that are on display, you have probably also seen some of the injuries that have taken place on the slopes and hills. And, of course, there was the tragic death of Georgian luger Nodar Kumaritashvili even before the Games began. These frightening cases raise questions about the risk-taking that both athletes and observers take when choosing to be a part of a sporting event.
The legal definition of “assumption of risk” is:
an affirmative defense that the plaintiff cannot recover compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and released the defendant from the obligation to use reasonable care.
When a college quarterback in Texas takes the field on a Saturday night, he can’t sue the linebacker Monday morning if he’s sacked too many times and sustains serious injuries. Pain and broken bones are understood to be possible outcomes for those who choose to contribute their skills to a soccer team. Likewise, if you’re in a seat along the third base line and you’re so engrossed in conversation that you can’t see the foul ball heading straight for your head, you can’t sue the man. who runs the sound system because he didn’t grab the microphone and yell, “Look out!” You think about placing yourself in these potentially dangerous situations. You took the risk.
The idea that the assumption of risk is an affirmative defense means that there is some reason to limit, excuse, or avoid criminal liability or civil liability. If criminal charges or a claim for compensation have been filed, the defendant must “affirmatively” present evidence that a shared understanding of the potentially dangerous environment existed among all attendees. In other words, once the notice is displayed during Detroit Red Wings games to watch out for Frisbees, the organization has fulfilled its obligation to remind spectators that they can leave the arena with fewer teeth than when they arrived. . If you visit the Texas A&M University campus recreation website, you will quickly see the consent form that all participants must sign before they are allowed to participate in a volleyball or flag football grudge match against a fraternity rival.
However, are there cases where the environment an athlete or spectator is in goes beyond what should be considered acceptable in terms of risk? A Dallas Cowboys fan who chooses to attend a home game of division rival Philadelphia Eagles while wearing a new Tony Romo jersey may know that he won’t be the most popular guy in his section. However, will he take the risk of ending up in a hospital after an altercation with five guys who thought Michael Vick didn’t go far enough to teach those dogs a lesson? And, to bring our focus back to the Olympics, do these world-renowned competitors have the right to sue if officials failed to show sufficient diligence in clearing a bobsled run for safety after two straight days of sleet and a violent collision ensues?
There are likely no athletes, be they pros or champions of backyard weekend battles, who have escaped their sport of choice without the occasional physical injury. Don’t expect to engage your body in voluntary, aggressive contact with another human being or an intimate object in some way driven by human force and leave the experience without any wear and tear on your body. However, there may be legitimate instances where the damage you suffer is not consistent with the risk you took. If you are an athlete working under a signed contract, you may have a clause that offers you financial compensation in case you are injured while playing in an environment or with equipment that does not meet professional standards. On the other hand, what if you’re faced with a career-ending punch from an opponent who doesn’t follow the rules of the league you’re in? If you believe you have suffered in ways that extend beyond the expected assumption of risk, you should contact an experienced sports or personal injury attorney who will be able to determine the merits of your case. Professional athletes operate in a field that is high risk, but also highly lucrative. Make sure you are protected and supported to the fullest extent of the law.