Understanding the Assumption of Risk in Sports
The 2010 Winter Olympics in Vancouver were witness to many spectacular feats of sports. Even the weather's lack of cooperation did not dampen the Olympic spirit. Many of us were witnesses to some of the unfortunate events that happened during the Games. The Games started out on a sad note with the unfortunate death of Nodar Kumaritshvili of Georgia. His death and other tragic events have given rise to some discussion on the risks that athletes can expect when they begin to compete in sports. A legal definition of risk was devised as a direct result of these unfortunate sporting events.
Officially, "assumption of risk" is legally conceived to provide for cases of lawsuit in such competitions in that the plaintiff or the athlete who is injured or sustains injuries that lead to death can not get monetary relief from the defendants who may be charged in the case since the athlete accepted the risk when he chose to compete in these sports.
In extended examples given to arrive at "assumption of risk" for legal purposes, a college quarterback who gets injured by a linebacker can not sue that linebacker. Football players assume that they might sustain injuries that will result in pain and suffering when they choose to play football. The "assumption of risk" is also being extended to spectators who get hit by a flying ball since they chose to place themselves in a situation where they might come in contact with dangerous balls.
"Assumption of risk" is a legal device to curtail lawsuits at sports events. An example of another method that sports evens can protect themselves from lawsuits is to notify spectators like the Detroit Red Wings to look out for flying pucks. Some are contesting that theory like a fan at a Dallas Cowboys game at Philadelphia Eagles arena that wore a Tony Romo polo and got attacked by five fans who were enraged that Michael Vick was charged for animal cruelty.
The legal assumption may not always hold water. If you think that you have suffered pain and injury due to reasons that are not explained away by simply knowing that you were engaged in contact sports or were in an environment where contact sports were being engaged, you should contact an injury attorney and discuss your options. As a spectator, you are not being paid the salaries that professional athletes earn or even that Olympic athletes hope to earn in promotions and advertising or from a grateful nation. Your rights to attend a sporting game and to feel that your safety is being covered are not abrogated by the "assumption of risk" legal maneuvering that came out as a result of the totally unexplained and saddening events of the Olympic Games in Canada.