Extreme sports have been on the rise in the past few years. The adrenaline rush is to account for why people choose to do these dangerous activities. However, activities of this nature are dangerous as they have higher risks of mortality and higher risks of serious injury. A sport is considered ‘extreme’ if it’s risky and if it happens in an outdoor area. Base jumping, skydiving, climbing, and free running are a few examples, among many others. If you’re an adrenaline junkie and you love your extreme sports, here are legal aspects you need to know.
Legal Aspects Every Adrenaline Junkie Should Know In Case of Injury
In case you’re injured as a result of playing an extreme sport, there are two ways the case can go.
1. Assumption of Risk
Assumption of risk means that the plaintiff, as known as the person who got harmed or injured, already knew what they were getting into. The defendant, who can be the organizer of the sports event, uses this to dispute any negligence claim. There has to be proof that the plaintiff knew the risks and approved them by agreement or by word and conduct.
There are three cases where a plaintiff can still win a negligence lawsuit even if they signed a liability waiver. The first is when the contract is in violation of public policy. Meaning, if the act that got the plaintiff injured was an act that the society condones and would want the defendant to be punished for, the court will not enforce the assumption of risk.
The second is when the defendant intentionally adds an obstacle knowing it would hurt the plaintiff. The third is when the plaintiff cannot understand the risk, like if they are mentally ill or minors.
There are two types of assumption risks. One is expressed through an agreement or contract called Express assumption of risk and the other is Implied assumption of risk where the plaintiff’s actions and word imply that they knew the risk and still did the action.
2. Negligence
If negligence is proven, there may be compensation for the injury or harm. There are four things you have to show to present a case of negligence: duty, breach, causation, and damage.
Duty is the responsibility one party has towards the other. For example, your doctor has a duty to give you good medical care. The breach is when your doctor fails in his responsibility causing you an injury. Causation is proof that the breach is the reason for the injury. Last but not least, there’s damage. The damage has to be proven to establish that there is a case of negligence. Damage can mean property damage, lost wages, or emotional distress. In the case of the wrongful death of a relative, according to this law firm, a negligence claim is not enough, you need more evidence. Search for a good lawyer to give you your legal options in case you’ve lost a family member wrongfully in an accident.
Most Dangerous Sports
It’s estimated that there were 4 million injuries that have resulted from participating in 7 sports from 2000 to 2011. The sports in question are surfing, motocross, mountain biking, skiing, skateboarding, snow skiing, snowmobiling, and snowboarding. Skateboarding causes up to 70000 injuries every year. Common injuries caused by skateboarding include abrasions, lacerations, concussions, sprains, strains, broken bones, wrist fractures, and facial injuries.
Skiing and skateboarding’s common injuries are knee tears, strains, and fractures in different parts of the body. Mountain biking, which has gained popularity, can result in different injuries like abrasions and lacerations, shoulder separation, knee and lower back pain, carpal tunnel syndrome, and broken collar bones. Other dangerous sports include surfing, skydiving, and climbing. Climbing, for one, can cause injuries like tears in the shoulders, dislocation of the shoulder, ligaments in the fingers, or tendonitis in shoulders, elbows or forearms.
Skydiving is on a lot of people’s bucket lists, about 3.3 million people jumped from an airplane in 2018. It can cause injuries like abrasions, lacerations, concussions, fractures, and neck and back injuries. As for surfing, it can lead to injuries like lacerations, contusions, head trauma from hitting the water hard, shoulder strain, and back pain.
There’s a lot you can think about before participating in a dangerous sport. The risks are high and you might not even get compensated if you’re injured, as shown in the case of assumption of risk. Just because the sport is popular, like surfing and skiing, it doesn’t mean that it is not risky. In the end, the danger of it outweighs the fun aspects. You might end up with an injury that impacts the rest of your life.
