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 firstname.lastname@example.org.