Sporting Event Injuries

Whether you have been injured while participating in a recreational activity, during a professional sporting event, or as a spectator, our team is dedicated to providing you with the legal representation and guidance you need. From injuries sustained in contact sports such as football or hockey, to accidents occurring during high-impact activities like skiing or skateboarding, our expertise in personal injury sports law allows us to navigate the complexities of these cases and fight for the compensation and justice you deserve.

Negligence

In all personal injury cases based on negligence, the plaintiff must prove the same elements:

1. Duty of care: California law generally holds that a person is liable for injuries caused by their failure to use ordinary care under the circumstances. What exactly that standard is depends on the facts of each case, but it generally means what a reasonably prudent person would do under like circumstances giving rise to the rise. This applies equally to premises owners and operators, such as those that own or operate sports venues.

2. Breach of duty: This occurs when the person or entity fails to meet the standard of care.

3. Causation: There must be a connection between the defendant’s breach and the plaintiff’s injury. The breach must be a substantial factor – meaning more than remote or trivial factor – in causing the harm the plaintiff suffered.

4. Damages: This may include past and future economic damages, such as medicals and loss of earnings, and past and future general damages, such as pain and suffering, emotional distress, and inconvenience.

For injury cases that arise during a sport or recreational activity there are certain exceptions to be aware that may influence your ability to bring a case.

Duty of Care for Venue Operators

The basic rule is that a venue operator is required to take necessary safety measures to reduce the risk of harm from an event so long as doing so does not alter the nature of the event. Over the years, California case law has helped clarify the duty of care owed by a venue operator to its patrons. Examples include:

• A golf course owner and operator having a duty to design its course in a manner that would lessen the risk of players getting hit by golf balls

• A marathon organizer having a duty to provide sufficient hydration to runners throughout the race to reduce the risk of injury

• A motocross operator having a duty to provide warning signals to other riders when one rider falls to decrease the potential for a collision

• A baseball venue having a duty to install protective netting down the first and third base lines

Keep in mind there is generally no set standard of care, and whether a venue operator may be held liable for causing an injury depends upon the facts of each situation.

Assumption of Risk

In California, a defendant, such as a venue operator, does not owe a duty of care to an athlete for risks that are inherent in the sport. This doctrine, known as primary assumption of risk, is based on the notion that imposing such a duty would deter participation in and/or significantly alter the nature of the activity. A venue operator, however, does owe a duty of care not to increase the risk of injury to an athlete above and beyond those naturally occurring within the confines of the sport and to take reasonable steps necessary to increase safety.

A handful of professional athletes have brought lawsuits against third-party venue operators. Most notably, Reggie Bush filed a case against the then-St. Louis Rams after he was injured during a game due to slipping on an exposed concrete surface out of bounds while trying to slow his momentum following a punt return. While getting tackled during a punt return is a normal and expected part of the game, slipping on an exposed concrete surface off the field of play is not. A jury found the Rams liable for nearly $12.5 million.

Can you bring an injury case against a coparticipant in a sport or activity?

A coparticipant in an active sport ordinarily bears no liability for an injury resulting from conduct in the course of the sport that is merely careless or negligent. For example, a basketball player generally would not be civilly liable for an injury caused by a hard foul during the course of the game. If instead the player punched another player during a stoppage of play, which resulted in injury, that player could be civilly liable for such intentional conduct (i.e. battery).

Liability Waivers

Sometimes, if one is participating in an inherently dangerous or risky activity (e.g. skydiving or horseback riding), the person may be required to sign a liability waiver expressly waiving liability in the event of death or injury. Under California law, these waivers are generally enforceable as it relates to ordinary negligence, meaning the participant would not have a right to sue for negligence. Such waivers are unenforceable, however, if the defendant engaged in gross negligence, reckless behavior, or intentional torts.

Areas of Practice

1. Athlete Injuries

We have extensive experience representing individuals who have suffered injuries as a result of negligence, inadequate medical care, or other related issues. Whether you are a player, coach, manager, or team owner, our team will work diligently to protect your rights and seek appropriate compensation.

2. Spectator Accidents

Sports events draw large crowds, and unfortunately, accidents can occur that lead to spectator injuries. If you've been harmed due to improper safety measures, inadequate premises maintenance, or any other negligence, our attorneys are here to advocate for your rights and assist you in seeking the compensation you deserve.

3. Sports Facility Liability

Our sports law practice also handles cases involving injuries sustained at athletic venues. We aim to hold facility owners and operators accountable for their negligence in maintaining a safe environment and will vigorously pursue compensation for your injuries and related damages.

Our Approach

When it comes to personal injury cases in the sports law arena, we take a client-centered approach that prioritizes your well-being and best interests. Our attorneys will:

• Thoroughly investigate the circumstances surrounding your injury to obtain all necessary evidence.

• Collaborate with medical professionals and expert witnesses to evaluate the full extent of your injuries and their impact on your life.

• Build a strong legal case based on the facts and applicable laws.

• Negotiate with insurance companies, sports organizations, and other involved parties to secure a fair settlement.

• Litigate aggressively on your behalf in court if a satisfactory settlement cannot be reached.

Why Choose Us?

Expertise and Experience

Our firm has successfully assisted numerous clients with their personal injury claims. We stay up to date with the latest changes in the law and in the industries in which our clients operate to ensure our clients receive accurate and relevant legal advice.

Tailored Solutions

Our approach to whatever sports legal issue that may arise is highly individualized. We strive to understand our clients’ specific business goals and provide tailored solutions to match those objectives. Our dedication to personal attention ensures that each of our clients’ matters receive the best possible legal support.

Client-Centered Approach

At Phillips, Erlewine, Given & Carlin, our clients are our top priority. Our client relationships are based on trust and clear communication. Our team takes the time to understand our clients’ concerns, answer their questions, and guide them through the complexities of their rights. We ensure that our clients are well-informed at every step in the process.

Contact us today for a free consultation to discuss your options.

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