Recreational activities are generally non-aggressive and non-competitive. They often involve camping, hunting, hiking, skiing, and organized sports like golf and basketball. Individuals participate in these types of activities for leisure during the weekends or on vacations.
However, in some instances, a recreational activity can result in injuries ranging from mild to severe. Accidents can be caused by another individual, sports equipment, athletic facilities, or recreational vehicles. The injuries that arise may be related to the nature of the activity or as a form of negligence or recklessness.
Individuals can determine if their recreation accident claim is valid and recover monetary damages with the help of a personal injury lawyer experienced with dealing with these types of claims. Claims are likely to be successful if the injury results from negligent or reckless behavior.
Common Injuries from Recreational Accidents
Accidents from recreational activities include sprains, cuts, bruises, fire-related injuries from camping, and skin rashes from allergens and toxins. Serious accidents can result in broken bones and fractures. Recreational accidents range in severity as injuries can arise from situations like ski and snowboard collisions, swimming pool accidents, and amusement park injuries.
Liability from Recreational Accident
Accidents that occur during recreational activities can be the result of a certain degree of negligence. This occurs if an individual or party does not exercise a reasonable amount of care and someone ends up with an injury. The liable party may include people like the instructors, coaches, and activity guides. It can also include an equipment manufacturer or facility manager where defective products or improper maintenance are the cause of an accident.
Assumed Risk of Injury
Engaging in most amateur sports invokes the legal doctrine “assumption of the risk.” This means that in some cases, the injured may be prevented from holding other individuals and parties liable for their sports-related injury. In the context of sports, an assumption of risk means that when an individual participates in a particular sport, they are also agreeing with an assumed possibility of related injury. Fast-paced team sports, for instance, require some level of aggression. The player is expected to understand that certain injuries may occur as a natural part of playing the sport.
Injury from Unreasonable Behavior
A personal injury claim can be filed if the individual’s injury in the sport came as the result of the unreasonably aggressive behavior of other participants. Injuries that occur in this way do not fall under the assumption of risk laid out in the legal doctrine. The injured can file an intentional tort lawsuit on the other person.
Injury from Equipment Failure
Similarly, a recreational activity does not involve the reasonable assumption of equipment failure. Sports equipment and related products are not expected to malfunction and cause injury. If an injury occurs under these circumstances, the individual may file a product liability lawsuit against the manufacturer.
Individuals injured during a recreational activity may file a lawsuit based on negligence or unsafe premises. Success will depend on the circumstances surrounding the case and whether the claim falls within the state’s statute of limitations for recreational accident claims.
