The key to good health is nutrition and exercise. A lot of people actively participate in sports to exercise. Generally speaking there is a great benefit in exercising, but this is not always the case. We may enjoy the sport or hobby and enjoy it without incident. Some of us become obsessed with sports and hobbies to the point where cheating is not tolerated and where cheating seems to be a way to win. Personal injury claims tend not to arise from sporting competitions whether among professionals or amateurs, but personal injury claims are viable.
Contact and even non-contact sports can result in injury. Some injuries are very common, and injuries are expected from participating in certain sports. Often special injury insurance is purchased to protect against a sports injury and then when the injury occurs there is the disappointment, because of the exclusions. Other times the injuries are accidental injuries that are expected to result from the particular sport. If you happen to box chances are you will be injured intentionally by your opponent, the same is true in Karate, Judo and similar sports that are intended to cause injury.
Then there are other sports that by their nature are very dangerous, such as shooting, archery, car racing, and motorcycle racing. Once again certain injuries are expected depending on the nature of the sport.
The liability and personal injury claim arise when the participants act outside the scope of the sport. If you are playing basketball, you don’t expect anyone to intentionally punch you or kick you. An accidental elbow to the face is expected, an intentional punch to the nose is not. The same is true of all sports; it is expected that you would get shot by running unexpectedly in front of the shooting range, but not that you would be shot when standing away from the shooting range. You may get hit by a baseball, but the batter should not intentionally be hitting you with a baseball bat. When you are injured intentionally, you are permitted to defend yourself and still be able to make a claim, but if you exceed the force, then it can turn things around. If someone attacks you with a baseball bat, and you defend yourself with a baseball bat, but then chase the wrongdoer and cause severe injury after he has clearly surrendered, then you become the wrongdoer.
In sports injuries are often a question of whether the particular action is intentional or accidental and whether the particular injury is expected or unexpected. You assume the risks associated with injury from that sport, but no the risk from actions or omissions outside the scope of the sport. Skiing down the hill and colliding against a tree is expected, but colliding against someone’s debris left from a construction project is not. The general principals are the same whether you are in a small city like Redding or a big city such as Los Angeles or New York. The general principals even apply to the British and Australian legal systems. Outside the country, the rules may differ significantly and are often not based on what should be right or wrong, but on seemingly irrational rules.
Personal injury claims do not arise by simply suffering an injury on someone else’s property or from someone’s actions. It is about reasonableness, and the same is true in sports. It is about fairness and sportsmanship. If you cheat to win, you may be committing an act that can result in a lawsuit. A lot of what we learn in grade school applies to life in general and sports. Be nice, don’t cheat, don’t hurt others, wait your turn, and so on.
For more information, check out Brisbane Personal Injury Lawyers today!