In personal injury cases related to sports or other similar activities, the injured party has often lost many of these cases. Some of the more common cases include injuries at sporting events, night clubs, or amusement parks among many others. The justification for ruling against the plaintiffs usually is that the injured party assumed the risk of injury when that person engaged in the activity.
In a New York case involving a concert attendee, the attendee was injured while listening to music at B.B. King Blues Club. While dancing in a mosh pit, the attendee fell and tore his anterior cruciate knee ligament. The injury required knee surgery. When the case went to trial, the judge dismissed the case, citing that the injured party assumed the risk of injury when he began dancing in the mosh pit.
In an Iowa case involving a young girl attending a baseball game, an eight-year-old girl was hit by a baseball bat that struck her in the head. The bat left the hand of the batter and flew 120 feet into the stands before hitting the child. In most cases, the girl would not have a case because the parents would have a responsibility to protect their child from injury.
However, in this case, the child was on a field trip organized by the city parks department. Because the department fell under the government’s jurisdiction, the city assumed the responsibility of protecting the child. The child’s lawyers argued that the city put the child in an unreasonably hazardous position and was therefore liable for damages. The court, though, found in the city’s favor, stating that the risk of injury was assumed once the parents allowed their child to attend the game.
Although many people injured while attending sport games or other similar recreational activities have trouble winning personal injury cases, this does not mean that they will always lose. If you have any questions regarding this issue, contact the Sheboygan personal injury lawyers of Habush Habush & Rottier S.C. ® today at (920) 459-8000. With the right legal help, you may be able to receive compensation for your pain, suffering, medical bills, and more.