Have you or a loved one sustained bodily injuries arising from a sports accident? If so, you may be eligible for compensation from the at-fault party(s). Call Horowitz Injury Law today at 416-925-4100 for a free consultation with a Toronto sports injury lawyer.
Sports accidents can happen to almost anyone at any age. While playing sports is a great way to keep in shape and stay healthy, some sports and recreational activities can result in devastating injuries that can have long term consequences.
In some circumstances, individuals who have sustained injuries as a result of a sports accident may be eligible for a claim for compensation. There are certain types of serious injuries that can be sustained during sports accidents or activities including but not limited to:
- Concussions
- Serious brain injuries
- Vision and hearing damage
- Damage to ligaments and tendons
- Strains and sprains
- Fractured bones
- Other Orthopaedic injuries
- Spinal Cord injuries resulting in chronic pain or paralysis
- Fatalities
Additionally, sometimes athletes sustain injuries as a result of faulty equipment, which could also give rise to a claim. Furthermore, reckless and seriously aggressive behaviour from an opponent on another team may also justify the advancement of a claim, particularly if the opponent has access to a homeowner’s insurance policy. However, the grounds in which an injured player can sue for compensation is complex. In any sporting endeavour, the law recognizes that a certain amount of risk on the part of the participant is assumed and injuries from those assumed risks are generally not compensable. There will always be inherent risks in participating in any sporting activity and sports clubs and leagues will normally require a participant to sign a waiver acknowledging those inherent risks and limiting the liability of the organizers for any loss or damage sustained by the participant. These waiver provisions are contractual terms that will generally protect the organizers of the sporting activity if they have taken reasonable steps to bring the contractual waiver terms to the attention of the participant.
Conversely, the right to sue an opponent for an injury is much more unclear. Typically, the court will consider whether the injury resulted from conduct that fits within the typical expectations of that activity. At what point is the level of violence or act of violence beyond the reasonable expectations of the participants? These are complex questions to be decided on a case by case basis, which require an experienced sports injury lawyer with a proven track record of success.
At Horowitz Injury Law we have a wealth of experience in advancing claims for athletes who have sustained injuries as a result of playing organized sports. We have assisted Ontarians for many years in helping advance their claims.
Call Horowitz Injury Law today for a free consultation at 416-925-4100. We will be happy to speak with you at no charge to assess whether or not your claim may have merit.
