Sports Lawyers Blog

In many cases, a person, even a child, who suffers an injury while participating in a sport or other physical activity, will have to face certain legal hurdles if they intend to prove that the injuries suffered were due to someone else’s fault.

Often, prior to allowing participation in a sport or other physical activity, the participant, or the parent of the participant, will be asked to sign a release, or a waiver of liability, which would purport to avoid responsibility on behalf of the facility, league or other organization. In California, these documents are permissible, generally, however, they must be properly prepared. For example, while a participant can agree to release a facility from ordinary negligence, “gross negligence” or intentional conduct cannot be released. “Gross negligence” is generally defined in California and other jurisdictions as either a “want of even scant care” or “an extreme departure from the ordinary standard of conduct.”

If you or a family member are injured while participating in a sport or other physical activity due to the fault of someone else, a facility, a league, or equipment, it is important to understand your rights in the event you wish to pursue a claim, whether or not a release has been signed. Consulting with an attorney is the best way to understand your rights, and in California, the Brod Law Firm can help. For a free consultation, please contact us at (800) 427-7020, or via e-mail at info@brodfirm.com.

The NFL’s recent rule changes regarding fines and potential suspensions for certain hits seem to avoid the real issues related to player safety and health, particularly after retirement. Concussions, which are very serious and can result in long term damage, are certainly a major issue, and something the NFL and the NFLPA have been addressing recently. According to the Mayo clinic, however, concussions occur as a result of the brain shaking violently inside of the skull, and can even occur without any contact to the head, whatsoever. Instead of imposing “knee-jerk reaction” rule changes after a weekend which included some particularly big hits, the NFL needs to help players by contributing towards education and treatment of these serious injuries. Most importantly, if the NFL truly cares about player safety, it will help by ensuring retired players are properly cared for should they experience problems as a result of any injury suffered while playing football, including concussions. This will certainly be an issue to watch as the NFL and NFLPA negotiate a new Collective Bargaining Agreement that will carry this great league into the future.

As my first posting in this blog, I expect many entries to, in some way, address the subject of personal responsibility for professional athletes. Professional football players are paid to perform at the highest level and don’t get drafted or signed because they are simply nice people. Professional basketball players similarly make or do not make an NBA team, based on their ability to play. Baseball players make a ball club based on their ability to contribute to a Major League baseball team. These concepts are obvious, however playing ability will get an athlete only so far in his or her career.

In a recent issue of the Sports Business Journal, it was reported that during the last year, several high-profile professional athletes lost sponsorships due to their behavior “off of the field”. In late 2009, AT&T, Accenture, Gatorade and Buick all dropped Tiger Woods as sponsors after the story of his extra-marital affairs broke. A few months later, in January 2010, Adidas pulled its endorsement of NBA player Gilbert Arenas after he pled guilty to a felony gun charge. In April of 2010, two-time Super Bowl Champion Quarterback Ben Roethlisberger lost sponsorships after the story broke regarding his encounter with a young college student, which became the subject of a criminal investigation. NFL great, Lawrence Taylor, who was inducted into the Pro Football Hall of Fame in 1999, lost a sponsorship with Nutrisystem after he was arrested on rape charges.

Whether it is during a professional athlete’s career, or after their retirement, there is value in the image of that player in the business world. The sooner professional athletes, particularly high-profile athletes, recognize that this image can be as valuable to their career as maintaining their physical condition, for example, the sooner those athletes will be able to plan for their future. With proper foresight and guidance, an athlete can protect the career they’ve worked so hard to achieve, as well as protect and grow their financial interests.